청구이의
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
The purport of the claim and the purport of the appeal are the judgment of the first instance.
1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance. In light of all the circumstances revealed in the proceedings of the arguments of the court of first instance and the evidence duly adopted and examined by the court of first instance, it is recognized that the facts of first instance and the judgment are legitimate.
Therefore, the court's explanation on the instant case is as stated in the reasoning of the judgment of the first instance, except for adding the judgment on the Plaintiff's assertion as stated in the following Paragraph 2. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The plaintiff's additional assertion that the defendant applied for the payment order of this case against the plaintiff, D, and E as a joint tort, and withdrawn the lawsuit against the plaintiff, D, and as to E, the lawsuit was withdrawn in the litigation proceedings conducted by the objection against the payment order. The defendant asserts that the defendant's participation in the tort is relatively minor and criminal proceeds are not allowed in violation of the principle of good faith, since compulsory execution based on the payment order of this case is not allowed only on the plaintiff's ground of the payment order of this case, since compulsory execution based on the payment order of this case should be rejected.
On the other hand, the principle of good faith is an abstract norm that a party to a law should not exercise a right or perform a duty in a manner that violates the principle of good faith, taking into account the other party’s interests, and thus, in order to deny the exercise of such right on the ground that it violates the principle of good faith, the other party has offered good faith or the other party has made good faith objectively in light of the other party’s good faith, and the exercise of the right against such other party’s good faith has to reach an irrecoverable level in light of the concept of justice (see, e.g., Supreme Court Decision 2009Da68941, Feb. 10, 201).