logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.04.07 2016나4060
권리확인
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 for this case is as stated in the reasoning of the judgment of the court of first instance except for the addition as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary Parts] The following parts shall be added to 9 pages 3 of the judgment of the first instance.

(3) The defendant asserts to the effect that the principal and interest of a loan was generated in full more than 2.5 times the principal and interest of a loan since it did not settle the loan claims against the defendant early with the intention that the plaintiff would have the full amount of the lease deposit. The plaintiff's receiving the full amount of the deposit is contrary to the principle of good faith.

The Plaintiff granted the Defendant a trust that the Plaintiff would settle a loan claim early on the sole basis of the circumstance alleged by the Defendant.

It cannot be deemed that the Plaintiff’s exercise of rights leads to an irrecoverable state in light of the concept of justice.

The defendant's above assertion is without merit.

2. The plaintiff's claim for the conclusion is justified and acceptable.

The judgment of the first instance court is just in conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition.

arrow