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(영문) 대법원 2019.05.10 2017다239311
손해배상(기)
Text

All appeals are dismissed.

The costs of appeal by the Plaintiff are assessed against the Defendants.

Reasons

The grounds of appeal are examined.

1. As to the Defendants’ grounds of appeal

A. 1) In a case where a third party, while being aware of the existence of an obligee against an obligor and the infringement of the said claim, either actively conspired with the obligor or with the intent to obstruct the exercise of the claim by using an unlawful means contrary to social norms, thereby having the obligee unable or difficult to enforce and satisfy the claim, thereby causing the obligee to constitute a tort against the obligee (see, e.g., Supreme Court Decision 2005Da25021, Sept. 6, 2007). 2) In a written judgment, the reasoning of the judgment is sufficient to indicate the judgment on the party’s allegations and other means of attack and defense to the extent that it can be recognized that the text is justifiable, and there is no need to determine all of the allegations

(see Article 208 of the Civil Procedure Act). Therefore, even if a court’s ruling does not state a direct determination on the matters alleged by the parties, if it is possible to find out that the court accepted or rejected such assertion in light of the overall purport of the reasons for the judgment, it cannot be said that the

(see, e.g., Supreme Court Decision 2011Da87174, Apr. 26, 2012). B.

In full view of the circumstances indicated in its holding, the lower court acknowledged that the Defendants, despite being aware of the existence of the Plaintiff, the obligee against E (hereinafter “E”) and the infringement of the Plaintiff’s claim against E, had E actively recruited to engage in credit card transactions in the name of the credit card merchant of the Defendant B Co., Ltd. (hereinafter “Defendant B”), or used unlawful means contrary to social norms with the intent to interfere with the exercise of claim. In so doing, the lower court determined that the Defendants’ act constituted tort against the Plaintiff.

Examining the aforementioned legal principles and records in light of the relevant legal principles and records, the lower court.

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