Seoul High Court Decision 2013Na2020401 decided May 16, 2014

It is difficult to see that claims against a delinquent are repaid as evidence of his claim.

It is difficult to see that claims against a delinquent are repaid as evidence of his claim.

2014Da214243 Action

Korea

OO

2014.24

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

According to the reasoning of the lower judgment, the lower court determined that it was difficult to view that the Defendant repaid the lease deposit of this case to the Ora or OraB solely on the basis of the circumstances and evidence of the Defendant’s internal tax credit.

In light of the relevant legal principles and records, the above fact-finding and determination by the court below are acceptable, and they do not exhaust all necessary deliberations or are free in violation of logical and empirical rules.

There is no error of exceeding the bounds of the due diligence or of misapprehending the legal doctrine on the interpretation of disposal documents.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.