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(영문) 부산지방법원 2016.05.13 2015나47614
구상금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasons for this court’s explanation are as stated in the reasoning of the judgment of the court of first instance except for the addition or dismissal as follows. Thus, it shall accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The addition or dismissal of the part of the judgment of the first instance court No. 3, Section 12 of the judgment of the court of first instance “B” shall be deemed to be “Defendant B” to Defendant C.

The following shall be added to the last part of Part 5 of the decision of the first instance.

Although Defendant B has the highest and search defense, the fact that Defendant B provided a joint and several guarantee for the claim for reimbursement against the Plaintiff by Codefendant A in the first instance trial is as seen earlier. As such, pursuant to the proviso to Article 437 of the Civil Act, Defendant B does not have the right of defense for highest and search. Therefore, Defendant B’s above assertion is without merit.” Article 15 of the judgment of the first instance court, “No. 1” is deemed as “No. 1 through No. 4 (including each number).”

3. If so, all of the plaintiff's claims of this case are justified, and the judgment of the court of first instance is just in conclusion, and all of the defendants' appeals are dismissed. It is so decided as per Disposition.

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