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(영문) 대법원 2017.03.09 2016다43971
구상금 등
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

The court shall determine whether the assertion of facts is true in accordance with logical and empirical rules, based on the principle of social justice and equity, with a free evaluation of evidence, taking into account the purport of the entire pleadings and the result of the examination of evidence (Article 202 of the Civil Procedure Act). The facts duly confirmed by the court of final appeal that the original judgment does not exceed the bounds of

(Article 432 of the same Act). Also, in a case of a claim for damages, recognition of facts as to the limitation of liability to ensure comparative negligence or fair burden of damages or determination of the ratio is within the exclusive authority of a fact-finding court, unless it is deemed that it is remarkably unreasonable in light of the principle of equity

(1) The court below accepted the Defendants’ assertion that the instant repayment guarantee form prepared by the Defendants was merely the acceptance of the assignment of claims on the grounds as indicated in its holding (see, e.g., Supreme Court Decision 2010Da86709, Oct. 11, 2012). The court below accepted the Defendants’ assertion, and held that the instant repayment guarantee form cannot be offset against the Plaintiff’s deposit claim since it became invalid, and thus, it cannot be deemed that the Plaintiff suffered loss due to the instant repayment guarantee form, and rejected the claim for damages, and (2) Defendant A and B lent the instant payment guarantee form to the Silsan Tourism Complex in violation of the relevant provisions, thereby recognizing that they are liable to compensate the Plaintiff for the damages suffered by the Plaintiff as a joint tortfeasor. In addition, the court below limited the Defendants’

The part of the ground of appeal disputing the fact-finding, which is the basis of the judgment of the court of fact-finding, is merely an error in the selection of evidence and the judgment on the value of evidence belonging to the free trial of the court

In addition, the reasoning of the judgment below is the above legal principles and relevant legal principles and legitimate.

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