logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원(청주) 2015.12.08 2015나10418
대여금
Text

1. The plaintiff's appeal and the conjunctive claim which is selectively added in the trial are dismissed, respectively.

2. Appeal;

Reasons

1. The reasoning of the court of first instance is as stated in the reasoning of the first instance judgment, except for the addition of Paragraph 2 to the judgment on the conjunctive claim which is selected by the court of first instance, and thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. Additional determination

A. The plaintiff's assertion 1) B was receiving demand for payment of debt from many creditors including the plaintiff, and in this situation, B and the defendant were divorced by false conspiracy with the above creditors for the purpose of evading compulsory execution by the above creditors. As a result, the plaintiff suffered damages equivalent to KRW 1130,000 won of loan claims 1.2) Accordingly, since the plaintiff's act B and the defendant's act constituted tort against the plaintiff et al., the defendant is liable to pay the above KRW 130,000 and damages for delay to the plaintiff et al. as compensation.

B. We find it difficult to acknowledge that the result of the fact-finding by the court below's first instance court's first instance court's records on the evidence Nos. 5 and 6 and the fact-finding on the creditors B including the plaintiff et al. was the most divorced due to the false conspiracy with the intention to evade the compulsory execution of the creditors B including the plaintiff et al.

Therefore, the plaintiff's assertion based on this premise is without merit.

3. If so, each of the claims of the plaintiff in this case is dismissed as it is without merit. Since the part against the defendant in the judgment of the court of first instance is just in conclusion, the plaintiff's appeal and the conjunctive claim selected in the court of first instance are all dismissed. It is so decided as per Disposition.

arrow