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(영문) 부산고등법원 2020.09.23 2020나52569
손해배상(기)
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Death Q.

Reasons

The facts alleged by the Defendant following the judgment of the first instance court to this court are not different from the allegations in the first instance court except for the allegations added in the first instance court as follows. A thorough examination of evidence duly admitted and examined by the first instance court, the fact-finding and judgment by the first instance court is acceptable.

Therefore, this court's reasoning is as follows, except where the defendant added the judgment as set forth in paragraph (2) below to the argument that the defendant added in the trial, and therefore, it is identical to the reasoning of the judgment of the court of first instance.

With regard to the additional argument on the decision on the addition, the defendant asserts that the emergency response committee has representative agencies, such as the chairperson, general secretary, and clerk, and the agreement written between the emergency response committee and the (State) Z is accompanied by a list of names and addresses indicating the telephone numbers and addresses of the civil petition receipt households constituting the emergency response committee, and the amount of the agreement is paid when submitting documents (by household consent, proxy letter, resident registration certificate, resident registration certificate, identification card copy, and copy of the passbook) at least 80% of the civil petition receipt households attached by the Gap (the chairperson of the emergency response committee, general secretary AB, and clerk AC). In light of the fact that the documents submitted by the households and the amount of the agreement is paid at least 80%, it is argued that the chairperson of the emergency response committee, the general secretary, and clerk AC has the authority to reach the deputy response on behalf of the households including the plaintiffs.

However, the agreement to bring an action, one of the passive litigation requirements, is within the scope of the right to be disposed of by the parties to the agreement, and is allowed when limited to a specific legal relationship, and is valid at the time of the agreement.

Supreme Court Decision 2017Da217151 Decided August 14, 2019 and Supreme Court Decision 98Da6398 Decided March 26, 199

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