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(영문) 부산지방법원 2014.05.23 2013나20967
대여금
Text

1. The plaintiff's succeeding intervenor's appeal and the plaintiff's succeeding intervenor's claim selected by the trial court are all filed.

Reasons

1. The reasoning of the judgment of the court of first instance citing the claim for the return of a loan by an intervenor succeeding to the plaintiff is the same as that of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the claim for damages caused by a joint tort added at the trial

A. The plaintiff's assertion by the plaintiff succeeding intervenor is that the defendant received KRW 10 million per month from the Busan Savings Bank Co., Ltd. (hereinafter "BF") in return for the name lending, and lent its name to another person, and is involved in the illegal acts committed by officers and employees on the side of the Busan Savings Bank. Thus, the plaintiff succeeding intervenor is liable to compensate for damages equivalent to the loan of this case suffered by the plaintiff succeeding intervenor.

B. Even if the defendant's act was involved in the illegal lending of officers and employees of the Busan Savings Bank, the plaintiff's succeeding intervenor is in the position of the person who acquired each of the loan claims held by the Busan Savings Bank from the Busan Savings Bank by the decision of the Financial Services Commission after the conclusion of each of the loan contracts of this case, and cannot be deemed as the person who suffered direct damage due to the conclusion of each of the above loan

Therefore, the plaintiff's succeeding intervenor's above assertion is without merit.

3. Accordingly, the court of first instance, which dismissed the plaintiff's successor's claim for the return of loans to the defendant and the claim for damages due to joint tort, shall be dismissed as all of the grounds, and the judgment of the court of first instance, which dismissed the plaintiff's claim for the return of loans, is justified as the conclusion is consistent with this conclusion, and the plaintiff's successor's appeal and the claim for damages which are selectively added in the trial

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