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(영문) 서울중앙지방법원 2018.07.13 2017나64363
구상금
Text

1. The plaintiff's appeal and the plaintiff's conjunctive claim added at the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning of the judgment of the court of first instance regarding this case is as follows, except for the addition of the following determination with respect to the conjunctive claims newly added by the plaintiff, and thus, this case is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the conjunctive claim

A. The plaintiff's assertion that the name of the workplace in which A actually operated by the defendant lent the name of the defendant to the preliminary claim of this case is changed to the defendant. The defendant's act constitutes an unlawful act of evading compulsory execution that makes it difficult to enforce the plaintiff's claim in collusion with A, and thus, the defendant should be liable to compensate the plaintiff for damages caused by the tort.

B. (1) Generally, the infringement of a claim by a third party may constitute a tort, but it does not always constitute a tort, but it should be determined by specifically examining whether the infringement of a claim by a third party does not always constitute a tort, depending on the form of the infringement of a claim. If a third party’s act of reducing a debtor’s liability property makes it impossible or difficult for the creditor to execute or satisfy the claim, it may constitute a violation of a claim. However, it is insufficient to say that the third party’s act is merely involved in the reduction of the debtor’s property to constitute a tort against the creditor, but it is insufficient to say that the third party is involved in the act of reducing the debtor’s property, and actively

The intention, negligence, and illegality of the infringement should be recognized, such as the use of unlawful means against the social norms or the intent to interfere with the exercise of claims. Here, the illegality of the infringement of claims is concrete and individually taking into account the content of the infringed claim, the form of the infringement, the intention of the infringer, or the existence of the year.

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