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(영문) 대구지방법원 2020.07.16 2019나317350
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

1..

Reasons

1. The reasoning of the judgment of the court of first instance is that even if the defendant added each description of evidence Nos. 2 and 3 submitted by the court of first instance, it added the fact-finding and decision of the court of first instance to the purport that it is insufficient to reverse the fact-finding and decision, and the following judgment is added, it is consistent with the reasoning of the judgment of the court of first instance. Thus, it is acceptable in accordance with the main sentence of

Although the defendant denies the fraudulent acts in the previous suit against C, even though it is not bound by the facts recognized in the judgment of other civil cases, etc. in the civil suit, the facts recognized in the previous suit cannot be rejected without reasonable grounds unless there are special circumstances (see, e.g., Supreme Court Decision 94Da47292, Jun. 29, 195). The defendant's assertion cannot be accepted because it is impossible to discover materials to reverse the facts recognized in the final judgment of the previous suit even after examining all the evidence submitted by the defendant to the first instance court and this court.

2. Conclusion, the first instance judgment is justifiable, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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