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(영문) 서울고등법원 2014.10.17 2014나26639

손해배상(기)

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. All of the plaintiff's claims added at the trial.

Reasons

1. The reasons for this Court’s explanation concerning this part of the judgment on the claim for damages are as follows: (a) except for the rejection of the written evidence No. 40 to 47 evidence which is insufficient to recognize the plaintiff’s assertion as evidence submitted additionally in the trial, the reasoning for this Court’s judgment is as stated in the reasoning of the judgment of the first instance court; and (b) therefore, (c)

2. In a lawsuit seeking confirmation as to the legitimacy of the part of the lawsuit in this case, the benefit of confirmation is recognized when the benefit of confirmation is the most effective and appropriate means to obtain a judgment in order to eliminate the risks of rights or legal status (see, e.g., Supreme Court Decision 91Da14420, Dec. 10, 191). However, the mere fact that each of the preparatory documents of Defendant B asserted by the Plaintiff is a false statement is subject to the judgment of confirmation, the mere fact that each of the preparatory documents of Defendant B asserted by the Plaintiff cannot be a valid and appropriate means to remove the Plaintiff’s rights or legal status instability or risks, and thus, the benefit of confirmation

Therefore, the part of the claim for confirmation added by the trial of the instant case is unlawful.

3. Accordingly, the plaintiff's claim for damages against the defendants shall be dismissed in its entirety due to the lack of any ground, and the judgment of the court of first instance is just in its conclusion. Thus, the plaintiff's appeal against the defendants is dismissed, and the plaintiff's claim added in the trial is unlawful, and it is so decided as per Disposition.