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(영문) 광주지방법원 2018.05.17 2017나60351
손해배상(기)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The grounds for this part of the facts of recognition are the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The reasons for this part of the judgment are as follows: (a) the court’s deletion of “(the defendant B, who was designated as the subject of confirmation of intention by the above defendant, does not assert any assertion thereof)” during the fourth to fifth of the judgment of the court of first instance; and (b) the following addition is identical to the corresponding part of the judgment of the court of first instance, and thus, (c) this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

In addition, the defendants argued to the effect that the responsibility of the defendants should be limited by considering various circumstances in accordance with the ideology of the damage compensation system, i.e. the fair distribution of damages, but in this case, the plaintiff claims based on the joint and several guarantee agreement of the defendants, and even if the plaintiff acted to the purport that the above claim of the defendants should be restricted by the principle of trust and good faith, there is no circumstance to deem that the plaintiff's exercise of right in this case is of a nature that cannot be used in light of the principle of trust and good faith, so the above claim

3. In conclusion, the plaintiff's claim of this case should be accepted for reasons.

The judgment of the court of first instance which accepted the plaintiff's primary claim is just in conclusion, and thus, the appeal by the defendants is dismissed as it is without merit.

(A) Since the plaintiff's primary claim is accepted, it is not judged separately with respect to the conjunctive claim added at the trial of the party).

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