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(영문) 대법원 2015.10.29 2015다39715

손해배상 등

Text

All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, the lower court, based on its stated reasoning, determined that the Plaintiff paid KRW 600 million to the Defendants in consideration of the Plaintiff’s acquisition by transfer of the claim amounting to KRW 600,000 and KRW 90,00 of the amount invested by the Defendants to D, as well as the amount equivalent to KRW 60,00,00,000,000,000,000,000,000,0000,0000,000

In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there is no error of law by misapprehending the legal principles on the establishment of

2. As to the grounds of appeal Nos. 2 and 3, on the grounds as indicated in its reasoning, the lower court determined that the above contract for the transfer and takeover of claims was lawfully revoked by the Plaintiff’s declaration of revocation on the grounds of deception, on the ground that, even though D was not a representative of the Defendants, the Defendants could have known that the Plaintiff was deceiving the Plaintiff and concluded the contract for the transfer and takeover of claims with the Plaintiff.

In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by misapprehending the legal principles on representation, cancellation of declaration due to

3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.