(영문) 서울고등법원 2018.01.12 2017나2000429

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2018.01.12 2017나2000429

손해배상(기)

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1. All appeals filed by the Plaintiff and the Defendants are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Quotation of judgment of the first instance;

A. The reasoning for the court’s explanation concerning the instant case is next to the judgment of the first instance.

The decision of the court of first instance is the same as that of the decision of the court of first instance, except for the modification as stated in paragraph 2 and the addition of the decision in the next trial as stated in paragraph 2.

B. Part 1) The witness of the judgment of the first instance court is both deemed to be a witness of the first instance court, and all these courts are both “F” of the judgment of the second instance as “N”, and the “F” of the judgment of the second instance as “B” of the first instance court, and the “Deposit KRW 106,00,000,000,” of the third and fourth acts as “Deposit KRW 100,000,000”.

3) The first instance court held that “D, directly or indirectly,” under the first instance court’s first instance judgment No. 11, was “related person,” and that “D,” under the second instance judgment, concluded the instant lease agreement with the Plaintiff on the ground of the Plaintiff and the Plaintiff,” respectively, and that “D,” under the first instance court’s first instance judgment No. 18, “D, under the Plaintiff’s name, concluded the instant lease agreement on the ground of the Plaintiff’s friendship with D himself.”

5) The “instant lease agreement” in the 13th sentence 20th sentence of the first instance judgment is deemed to be “lease agreement,” and the “95Da24982” in the 14th sentence is deemed to be “95Da24982, 2499,” respectively. 6) The “this judgment” in the 14th sentence 16th sentence of the first instance judgment is deemed to be “the first instance judgment.”

2. Additional matters to be determined;

A. As examined in the judgment on the grounds of appeal by the Plaintiff, even though it is well known that the Defendants and D agreed to select a third person unrelated to D as a new lessee through the instant agreement, D is one of them to lend the lessee’s name so that D may continue singing business in subparagraphs 301 and 401 of the instant building.

참조조문

-민사소송법 제420조

유사 판례

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-서울고등법원 2017.04.20 2016누63554

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-대구고등법원 2017.01.20 2016누5045