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(영문) 서울고등법원 2016.03.24 2015나2034664
손해배상
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation concerning the plaintiff's claim against the defendant B is as follows, in addition to the part of the reasoning of the judgment of the court of first instance (Seoul Central District Court 2013Gahap91172), since the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance (excluding the part concerning defendant C of the court of first instance) and the main text of Article 420 of the Civil Procedure Act.

The part of "S Co., Ltd. (the trade name of October 8, 2008 was changed to T Co., Ltd.)" in 20-21 of the judgment of the court of first instance shall be changed to S Co., Ltd. (the trade name of October 8, 2008 was changed to T Co., Ltd.; hereinafter "S").

(b)the following shall be added between conduct 12 and 13 of the first instance judgment:

In general, the infringement of a claim by a third party may constitute a tort, but it does not always constitute a tort, but it shall be determined by specifically examining whether the infringement of a claim by a third party does not always constitute a tort, and if the third party makes it impossible or difficult for the creditor to execute or satisfy the claim by means of reducing the debtor's liability property, it may be deemed that the infringement of a claim may be deemed to constitute a tort. However, the mere fact that the third party's act was involved in the reduction of the debtor's property to constitute a tort against the creditor is insufficient, and it is not sufficient to say that the third party has actively conspired with the debtor with the knowledge of the existence of

The intention, negligence and illegality of the infringement should be recognized, such as the use of unlawful means against the social norms or the intent to interfere with the exercise of claims. Here, the illegality of the infringement of claims should be determined individually by taking into account the content of the infringed claim, the form of the infringement, the intent of the infringer, or the existence of the year.

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