(영문) 수원고등법원 2020.01.22 2019나14048

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원고등법원 2020.01.22 2019나14048

매매대금

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 judgment of the court of first instance as to the instant case is as follows, and except for the addition of Paragraph 2 to “a judgment as to the assertion emphasized by the defendant in the trial”, the judgment of the court of first instance is the same as that of the judgment of the court of first instance. As such, this is cited by the main sentence of Article 420

The '50 million won' of Nos. 6 and 7 is '50 million won'. The '50 million won' is '50 million won'.

2. Judgment on the assertion that the defendant emphasized in the trial room

A. Defendant’s assertion 1) The Plaintiff filed a civil lawsuit based on the instant transfer contract, and the instant transfer contract was forged, and filed a complaint against the Defendant as a crime of forging private documents. From the time of entering into the instant transfer contract, the transfer proceeds stipulated in the instant transfer contract (hereinafter “instant transfer proceeds”) for about 10 years from the time of entering into the instant transfer contract.

(2) On July 8, 2014, when concluding a contract on 55% of the shares of the Defendant and Nonparty Company (i.e., 50% J shares 5%) with the Defendant, the Plaintiff did not mention the instant transfer proceeds. (ii) The Plaintiff granted the Defendant a new intent that he would not claim the instant transfer proceeds through the series of acts, and the Defendant believed that the Plaintiff would not claim the instant transfer proceeds.

The Plaintiff’s claim for the transfer price of this case to the Defendant is not permissible in violation of the principle of good faith.

B. The principle of trust and good faith under the Civil Act, in consideration of the other party’s interest, refers to an abstract norm that a party to a legal relationship should not exercise the right or perform the obligation in a manner that violates the principle of trust and good faith, and has provided a good faith to the other party to deny the exercise of the right on the ground that it violates the principle of trust

It should be objectively viewed that the other party is in a legitimate state, and it should be exercised against the other party's good faith.

참조조문

-민법

-민사소송법 제420조

유사 판례

-수원고등법원 2020.01.22 2019나14048

-서울고등법원 2018.12.20 2017나2026278

-수원지방법원 2015.08.21 2014나41770

-대법원 1997. 1. 24. 선고 95다30314 판결

-서울고등법원 2018.01.23 2017나2051816