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(영문) 서울고등법원 2017.05.16 2016나2084086

손해배상(기)

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1. The plaintiff's claim that the court changed in exchange is dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. The reasoning for this part of the reasoning is as follows: (a) the court’s reasoning is as follows: (b) No. 2 of the judgment of the first instance; (c) the “Defendant-Appellee Trust Co-Defendant-Defendant-Defendant-Defendant-Defendant-Co-Defendant-Defendant-Co-Defendant-Defendant-Co-Defendant-Defendant-Co-Defendant-Co-Defendant-Defendant-Co-Defendant-Co-Defendant-Defendant-Co-Defendant-Co. (hereinafter “Defendant-Appellee Trust”); and (d) the “Defendant-Appellee Trust” in No. 7 is identical to the corresponding part of the judgment of the first instance, except for the case in which the “fire trust” is deemed as “fire trust,” and therefore, it is acceptable pursuant to the main sentence of

2. Determination on this safety defense

A. The Defendants asserted that they submitted a tender to the Defendants on August 20, 2015, and submitted a letter of commitment stating that “I will not raise any civil or criminal objection in any form, such as a provisional disposition to suspend this transaction, or a lawsuit for damages, even if we are not selected as priority negotiation object according to the standards set by the seller and the sales adviser, even if we do not select them as priority negotiation object,” and thereby, I asserted that the Plaintiff and the Defendants constituted the “non-compliance agreement” and thus, the Plaintiff’s lawsuit in this case is unlawful as it was brought against the non-compliance agreement.

(b) The agreement to bring an action, one of the passive litigation requirements, is within the scope of the right to be disposed of by the parties to the agreement, and shall be effective as to the circumstances that may be anticipated at the time of the agreement when limited to a specific legal relationship.

(see, e.g., Supreme Court Decisions 98Da63988, Mar. 26, 199; 2014Da31115, Mar. 24, 2016). In addition, Article 27(1) of the Constitution provides that “All citizens shall have the right to a trial under the law by a judge as prescribed by the Constitution and Acts,” thereby, the fundamental human rights of citizens are significant.