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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. The reasoning for this part of the reasoning is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except where part of the reasoning of the judgment of the court of first instance is dismissed as follows. Thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Defendant C’s joint Defendant C (hereinafter “C”) in Part III of the judgment of the first instance is used for the purpose of “Defendant C” in Part III, and both Defendant C’s “C” in Part III.
Part 5 of the first instance judgment of the court of first instance read “Cheongju District Court 2013Kahap1792” as “Cheongju District Court 2013Kahap1792, Cheongju District Court 2013Dahap1792,” and read “D” in Part 7 as “D and C,” and “D” in Part 4 as “D and C.”
The fourth part of the judgment of the court of first instance in the table "(f)" is as follows. D and C fail to perform their duty to pay goods according to the above conciliation. H applied for settlement before filing a lawsuit against E, F, D, C, etc. on July 28, 2014 as the Daejeon District Court Branch Branch Decision 2014No. 1003, Jul. 28, 2014, and settlement was established prior to filing a lawsuit, with the following contents.
2. The parties' assertion
A. The Plaintiff made a false statement to the Plaintiff that “The gold punishment of this case is in E, and if the Plaintiff borrowed KRW 600 million, he would offer the gold punishment of this case as a security for transfer.” The Plaintiff deceivings the Plaintiff, and that deceivings the Plaintiff the loan amount of KRW 600 million from the Plaintiff.
Meanwhile, at the time of the instant lending, the Defendant, as the representative director of E, knew that the instant gold type was not owned by E, was actively involved in C’s deception by issuing to the Plaintiff on June 11, 2015 a letter of commitment that the ownership of the instant gold type is transferred to C.
Therefore, since the defendant actively participated in or aided and abetted the deception by C, it shall be jointly and severally with C to compensate the plaintiff for damages caused by joint tort.