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(영문) 부산지방법원 2019.12.12 2019나50588
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 grounds for appeal by the Defendants cited in the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are recognized as legitimate even if the evidence submitted in the court of first instance was presented to this court.

Therefore, the court's explanation on this case is identical to the reasoning of the judgment of the court of first instance, except for adding the following matters to the judgment of the court of first instance. Thus, it is citing it as it is by the main text of Article 420 of the Civil Procedure

2.No. 5 of the first instance judgment, in addition, the following shall be added to the third instance judgment:

【The intention of deception” means that an obligor does not harm the obligee when doing a juristic act. Here, the term “drawing” does not mean an intention or intent, but rather means a simple recognition. Ultimately, the intention of deception is to recognize the fact that an obligee is at risk of making it difficult for the obligee to receive reimbursement due to a lack of joint security, and such recognition is sufficient in relation to a general obligee and does not require an awareness that it harms a specific obligee (see, e.g., Supreme Court Decision 2007Da63102, Mar. 26, 2009).

3. In conclusion, the judgment of the first instance that fully accepted the Plaintiff’s claim is justifiable. Therefore, all appeals by the Defendants are dismissed. It is so decided as per Disposition.

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