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(영문) 대전고등법원 2018.06.29 2018나10270
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. The reasoning for this part of the judgment of the court is as follows, except for the modification of the text of the judgment of the court of first instance as follows, since the part against the defendant in the relevant column of the judgment of the court of first instance (including attached Form 5 of the judgment of the court of first instance) is the same as that of the judgment of the court of

Part 7 3 (Reasons for Recognition) add "the testimony of the witness of the trial of the party" to the third paragraph (Reasons for Recognition).

2. The assertion and judgment

A. 1) In full view of the purport of the entire arguments and arguments, prior to the occurrence of the Plaintiff’s liability for damages, the Defendant is the deceased K (hereinafter “the deceased”).

(2) The loan of KRW 2,453,00,00 in total (hereinafter “the loan of this case”) is made in collusion with the co-defendant B, C, and D in the first instance trial under the name of the defendant’s wife or branch.

(2) The loan of this case constitutes a loan extended by the same person based on false appraisal of violation of the relevant statutes and the Plaintiff’s credit business regulations, etc. The loan of this case constitutes a loan extended by the same person. The Plaintiff was unable to recover KRW 1,437,402,90 out of the above loan, barring any special circumstance, barring any special circumstance, the Defendant is jointly and severally liable with the above joint tortfeasor to compensate the Plaintiff for the amount that has not been recovered out of the loan due to tort damages. (2) The scope of liability for damages is limited to 50% of the amount of damages suffered by the Plaintiff, taking into account all the circumstances such as the extent of the Defendant’s unlawful loan, the degree of the Defendant’s participation in the illegal loan, the problems in the process of performing

B. 1) The summary of the Defendant’s argument regarding the assertion of false conspiracy 1) The actual obligor of the instant loan is the deceased, and the Defendant lent the Defendant’s wife or his wife’s name under the name of the obligor of the loan agreement upon the deceased’s request.

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