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(영문) 대구지방법원 2020.06.03 2019나315286
약정금
Text

1. All appeals filed by plaintiffs A, B, and C and the defendant are dismissed.

2. The appeal filed by the plaintiff A, B, and C among the costs of lawsuit.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, except for dismissal or addition of the following contents under Paragraph 3 of the reasoning of the judgment of the court of first instance. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. On the ground of the judgment of the court of first instance, the second 4th "21 million won" shall be deemed to be "21 million won".

3. The addition;

A. The Defendant’s primary agreement is a joint and several obligation or indivisible obligation, and even if the violation of the first agreement was made by the Plaintiff A, B, and C, not the Plaintiff D, E.

Even if the plaintiff D and E are liable for the violation of the first agreement, the defendant is not obligated to pay the first agreement to the plaintiff D and E.

B. Determination 1) The relationship between multiple parties under the Civil Act is, in principle, a divided claim relationship, and is an indivisible claim relationship only when it is particularly indivisible upon the nature of a claim or upon the parties’ agreement (see Supreme Court Decision 90Da13628, Oct. 27, 1992). In a case where a claim relationship occurs upon the parties’ declaration of intent, multiple obligors shall be deemed to bear indivisible obligations in view of the nature of payment, transaction practices, intent of the parties, and transactional relationship between the parties. As such, the court has to distinguish whether multiple parties are liable for the total amount of obligations by taking into account the aforementioned circumstances in the interpretation of the specific case that becomes the debtor under a contract, or whether multiple debtors are liable for the total amount of obligations as an indivisible obligation (see Supreme Court Decision 2014Da26521, Aug. 20, 2014).

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