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(영문) 부산고등법원 2016.05.12 2015나3655
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasoning of the court’s explanation as to this case is that the part of “determination as to the claim against the Defendants” of the judgment of the court of first instance is identical to the part as to the Defendants in the reasoning of the judgment of the court of first instance, except in the following cases, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

2. The part as to the repair (paragraph 3) (the judgment on the claim against the Defendants)

A. Defendant D’s representative director, who was the debtor of the instant loan, and Defendant E, who was in charge of Defendant C’s relevant business, issued the instant golf membership membership in the Defendant C’s representative director, who was the debtor of the instant loan, committed damages equivalent to the amount of the unclaimed loan to the Plaintiff by deceiving the Plaintiff and receiving the instant loan, as if the Plaintiff was a legitimate golf membership with little security value as the Plaintiff did not actually pay the membership fee.

Therefore, as a joint tortfeasor, Defendant B, D, and E are joint tortfeasor, Defendant C is liable for compensating for the amount of damages as an employer of Defendant D and E.

B. In order to establish tort liability against the Defendants, first of all, the applicant for the instant loan requires proof as to the security value of the instant golf membership, namely, “the fact that the Plaintiff was obtained a security loan by deceiving the Plaintiff’s side as if the Plaintiff was a golf membership with normal membership fee paid even if the instant golf membership fee was not paid,” and further, “the Defendant was aware that the instant loan was made by deception as to the security value,” and the burden of proof is borne by the Plaintiff.

The evidence presented as shown in the plaintiff's assertion that there were some testimonys of Gap evidence 7 (a certificate of admission to golf membership), Gap evidence 18 (a certificate of admission to golf membership), and Gap evidence 18 (a certificate of admission to golf membership), but the defendant C's letter of admission to golf membership issued by Gap.

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