[위자료][집10(2)민,003]
(a) Actual cases acknowledged as a claim for damages caused by an infringement of the right to claim a performance of marriage reservation as a claim for damages due to non-performance of marriage reservation;
B. Examples ordering joint payment of individual claims against the defendant's two names without any indication of evidence
There is an error of law that ordered the joint payment of individual claims against the defendant under the name of the defendant without any indication of evidence.
Articles 390 and 750 of the Civil Act, Article 188 of the Civil Procedure Act
Kim Jong-type
Defendant
Seoul High Court Decision 61No3 delivered on July 11, 1961, decided July 11, 1961
The original judgment shall be reversed.
The case is remanded to the Gwangju High Court.
The grounds of appeal by the defendant's attorney are as follows.
The ground of appeal No. 1 is examined as to the ground of appeal No. 1. The plaintiff's claim and ground of appeal. The plaintiff alleged 400,000 won from the co-defendants of the court of first instance to the defendant as damages caused by non-performance of marital reservation, and thus preventing the defendant from performing his/her obligation to perform the promise of marriage against the plaintiff. Thus, the plaintiff infringed his/her right to claim 400,000 won as damages caused by tort. According to the judgment of the court below, the court below held that the defendant shall pay to the defendant 40,000 won as damages caused by non-performance of the above marital reservation and jointly with the plaintiff as damages caused by non-performance of the above marriage reservation, and the plaintiff's appeal against the defendant was just for violation of the plaintiff's right to claim 400,000 won from the co-defendants of the court of first instance to the defendant, but the court below did not accept the defendant's non-performance of obligation to the defendant as well as the defendant's non-performance of evidence.
Justices of the Supreme Court (Presiding Judge)