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1. The part of the judgment of the court of first instance against the defendant exceeding the money ordered to be paid under the following among the plaintiff A and B.
Reasons
1. The basic facts;
2. The reasoning for this part of the judgment on the Defendant’s main defense is as follows: ① “The immediate appeal is currently pending in the Supreme Court (Supreme Court Order 2014Mo160)” in the fourth to the third under the fourth to the judgment of the court of first instance: “The subsequent decision was finalized by the decision on dismissal of appeal (Supreme Court Order 2014Mo160 Decided April 11, 2014)”; ② the second to the fifth to the eighth to the fifth to the fifth to the fifth to the judgment of the court of first instance, “ June 30, 2003” is the same as the corresponding part of the judgment of the court of first instance, and thus, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
3. Occurrence of liability for damages;
A. (1) Determination as to the cause of the claim shall be respected in the event of a serious crisis that is unable to cope with the method of exercising power in accordance with the constitutional order at ordinary times when Emergency Decree No. 9 is null and void. However, the Presidential decision as to the national emergency power, which is exercised to ensure the existence of the State, should be exercised within the minimum necessary extent to eliminate the direct cause of the crisis when the State is in a serious crisis. Such a national emergency power must be exercised within the scope of the minimum necessary to ensure the existence of the State. In this regard, it must be consistent with the requirements and limitations for exercising the constitutional power stipulated in the national emergency decree. In this regard, the former Constitution of the Republic of Korea (wholly amended by Act No. 9 of Oct. 27, 190)
The emergency measures stipulated in Article 53 can not be an exception.
Article 53(1) and (2) of the New Constitution of the Republic of Korea restricts the exercise of emergency measures to overcome a disaster or grave financial or economic crisis, or to overcome the risk of serious threat or threat of national security or public peace and order.
However, Emergency Measure No. 9 does not meet its trigger requirements and limits for purposes.