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(영문) 대법원 2015.06.24 2015다202650
매매대금반환
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal against Defendant B and Defendant C, the lower court, based on its stated reasoning, determined that it is difficult to recognize that a delegation contract as claimed by the Plaintiff was concluded between the Plaintiff, Defendant B, and Defendant C, rejected all the Plaintiff’s assertion that the Plaintiff sought damages due to the cancellation of delegation contract based on mistake or deception and the nonperformance of delegation contract, on the premise that such delegation contract was concluded.

In addition, the lower court rejected the Plaintiff’s assertion that Defendant B or Defendant C could not be deemed as deceiving the Plaintiff at the time of the instant sales contract, on the grounds as indicated in its reasoning.

Examining the record, the above determination by the court below is justifiable.

There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or misapprehending the legal principles on delegation contracts or the establishment of tort.

2. As to the appeal against Defendant D, the court of final appeal may investigate and determine the appeal to the extent that the appeal is filed based on the grounds of final appeal.

Therefore, the appellate brief, etc. must specify the grounds of appeal and explain specific and explicit reasons as to which part of the judgment of the court below is in violation of the law.

(see Supreme Court Decision 97Da55126, Mar. 27, 1998). However, since the appellate brief or appellate brief did not reveal specific and explicit grounds on which part of the lower judgment dismissing the claim against Defendant D, it cannot be deemed that there is legitimate grounds for appeal, and there is no other reason for illegality subject to ex officio examination in the lower judgment.

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.

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