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(영문) 대전고등법원 2019.01.17 2017나11641

매매대금

Text

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. The costs of appeal and the incidental costs thereof shall be individually considered.

Reasons

The reasoning of the judgment of the court of first instance, which cited the judgment, is the same as the reasoning of the judgment of the court of first instance, except for cases where the judgment is used or added as follows.

The term "Defendant DK" is "Defendant", and "Defendant C" is both "Co-Defendant C of the first instance trial".

4. The 11th place "this Court" is advanced into the Daejeon District Court red support.

4.On the 4th 17th 17th m3, “B evidence” shall be added to “based grounds for recognition.”

5. From 4 to 9.0 on the face of 5.00, the phrase “ even if not,” shall be deleted.

In the 5th page 13, "with respect to contractual responsibilities" shall be changed to "with respect to the validity of the Agreement on Joint and Several sureties," and six pages 8 and 9 shall be deleted.

From 6 pages 11 to 20, the following shall apply:

The phrase "in relation to the performance of duties," which is an element for employer's liability under Article 756 of the Civil Act, means that if an employee's unlawful act objectively appears to be objectively related to the employee's business activities, performance of duties, or performance of duties, it shall be deemed that such act was performed without considering the employee's subjective circumstances. Whether it is objectively related to the performance of duties of the employer should be determined by considering the degree of the employee's inherent duties and tort, the degree of the employee's occurrence of damages and the degree of the employer's

(See Supreme Court Decision 2004Da53203 Decided September 14, 2006, etc.). Pursuant to Article 57(1) and (2) of the former International Cooperatives Act (amended by Act No. 12950, Dec. 31, 2014), the content of the business that the J Union may carry out to achieve its intended purpose is the education support business, economic business, credit business, etc., and the credit business among them is the member’s deposit and installment savings, the loans necessary for the members, internal exchange, and the bill discount, etc.