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(영문) 창원지방법원 2017.07.18 2015나35571
추심금 청구의소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court’s explanation as to this case is as stated in the reasoning of the judgment of the first instance, except for adding the following judgments, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined

A. Defendant’s assertion 1) In the event the other party’s mistake caused a mistake in the mark, the mark holder may cancel his/her expression of intent even if the other party was grossly negligent. At the time of the instant loan agreement, the Plaintiff’s H branch head of the H branch, who was a person in charge of the instant loan agreement, caused the Defendant’s mistake on the ground that “I would be exempted from signing the instant pledge agreement only because it does not have any damage.” Therefore, even if the Defendant’s negligence is partially recognized, the Defendant may cancel the instant pledge agreement. 2) At the time of the instant loan agreement, I was aware of the fact that the instant lease agreement, which was the basis of the instant pledge agreement, was entered into as the Plaintiff’s manager at the time of the instant loan agreement (H branch head of the H branch), and that the Defendant

Therefore, the pledge contract of this case is null and void pursuant to Article 108(1) of the Civil Act, or the defendant may cancel the pledge contract of this case pursuant to Article 110(2) of the Civil Act.

B. Determination 1) The other party is liable to prove the fact that the other party has caused mistake in the mark, and it is insufficient to recognize that the evidence submitted by the Defendant and the testimony of witness E of the first instance court is insufficient to acknowledge that I caused mistake in the Defendant, and there is no other evidence to prove this otherwise. Rather, the consent to the establishment of the pledge of this case, which the Defendant directly signed by the Defendant, (Evidence A 3).

D. The lessee himself/herself is subject to a lease contract with the lessee when he/she returns the lease deposit due to the termination of the lease contract or termination of the contract with the lessee.

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