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(영문) 광주고등법원(제주) 2019.07.17 2019나10059
손해배상청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the reasoning for the judgment of the court of first instance, except for the dismissal or addition of some contents as set forth in paragraph (2) below, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The judgment of the court of first instance No. 6 of the part which is dismissed or added "the party to the contract of this case is deemed to be the plaintiff and the defendant." "It is reasonable to see that the party to the contract of this case is also the plaintiff in the party to the contract of this case." The judgment No. 6 of the judgment of the court of first instance No. 10, and No. 11 of the judgment No. 6 of the court of first instance " "It is judged that the plaintiff's exercise of the right to recover is contrary to the principle of speech and good faith or the principle of trust and good faith." It is reasonable to see that the plaintiff's exercise of the right to recover has been trusted that the plaintiff would not exercise the right to claim recovery in the position of the party to the contract of this case." Thus, the plaintiff's exercise of the right to claim restitution is against the principle of good faith and it cannot be permitted as the plaintiff's exercise of the right to claim restitution, and there is no evidence to acknowledge the plaintiff's loss due to the above change in the plaintiff's evidence No. 6060.

3. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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