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(영문) 부산고등법원 2015.06.09 2012나3203
구상금
Text

1. All appeals filed by Defendant (Appointed Party) and Defendant B by Defendant D are dismissed.

2. The appeal costs.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except for the part of the judgment on Defendant D's assertion, as well as the part on the determination of and the part on the preliminary set-off defense as stated between the 10th 6 and 12th 19 of the judgment of the court of first instance, and the part on the determination of and the part on the resolution of the preliminary set-off as stated in the 28th 14th 14 to 34th 4, as follows, the court's explanation concerning this case is identical to the written judgment of the court of first instance.

2. The parts after repair shall include the assertion of Defendant D (hereinafter referred to as Defendant B’s supplementary intervenor).

hereinafter the same shall apply.

(1) Defendant D’s decision 1) First, even though there was no power of attorney granted to the Defendants and the designated parties on behalf of them in the conciliation procedure in which the instant conciliation decision was drawn, the Plaintiff, etc., who led the instant conciliation decision, prepared a letter of delegation of litigation using the seal of the Defendants and designated parties at will. As such, the part of the instant conciliation decision concerning the Defendants and designated parties was made by the attorney without power of attorney, and thus, the Defendants and designated parties are invalid.

However, it is not sufficient to recognize the above assertion only with the statement of No. 57, and there is no other evidence to acknowledge it.

Furthermore, even if the assertion is true, it is difficult to accept this part of Defendant D’s assertion because it conflicts with the res judicata effect of the instant conciliation decision, unless the instant conciliation decision is revoked through a lawsuit for quasi-deliberation.

2. Next, Defendant D cannot be said to be in the position of the obligor of inheritance of the deceased, the guarantor, at the same time as the repayment of this case is performed by the Defendants and the designated parties, due to the Plaintiff’s repayment of this case at the same time. Accordingly, Defendant D cannot be said to be in the position of the obligor of inheritance of the deceased.

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