logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 1969. 7. 22. 선고 69다649 판결
[계금][집17(2)민,348]
Main Issues

The case holding that it was found that it failed to exhaust all necessary deliberation on the petition for the termination of the repayment of the deposit obligation;

Summary of Judgment

In light of the purpose and nature of the obligee group recognized by the original judgment, and the Plaintiff’s principal claim against the Plaintiff does not follow the nature and effect of the Plaintiff’s act reported to the obligee group, it is difficult to determine that there is no reason to extinguish the Defendant’s repayment of the obligation owed to the Plaintiff solely on the basis of the fact that the Plaintiff received dividends from the obligee group due to the so-called occurrence of damages.

[Reference Provisions]

Article 393 of the Civil Procedure Act

Plaintiff-Appellee-Appellant

Kim Jong-soo

Defendant-Appellant-Appellee

Egressor

Judgment of the lower court

Busan District Court Decision 68Na56 delivered on March 11, 1969

Text

We reverse the original judgment.

The case shall be remanded to the Daegu High Court.

The plaintiff's appeal is dismissed.

The costs of appeal brought by the plaintiff's appeal shall be borne by the plaintiff.

Reasons

(1) Although the Plaintiff submitted a legitimate petition of appeal, it is dismissed in accordance with Articles 399 and 397 of the Civil Procedure Act, since the Plaintiff did not state the grounds for appeal in the petition of appeal and did not submit a statement of grounds for appeal within the prescribed period.

(2) The Defendant’s attorney’s grounds of appeal are determined.

According to the reasoning of the judgment, the court below found that the defendant's above 1965.24.24 (1865 in the judgment of the court below) was not the defendant's 10th of 1965.2 and the defendant's 20th of 1966.9.24 and the non-party's 228th of 196.3rd of 1966. The defendant's 8th of 1966.2 was not the defendant's 6th of 7th of 1965. The non-party's 8th of 1966. The court below held that the non-party's 8th of 2nd of 1966. The non-party's 8th of 2nd of 2nd of 1965. The plaintiff's 8th of 2nd of 2nd of 3rd of 3rd of 3rd of 3rd of 3rd of 3rd of 196th of 3rd of 3rd of 3rd of 3's.

The ground of appeal on this point shall return to the reasonable ground, so the original judgment shall not be reversed without having to make a decision on other points.

Therefore, by the assent of all participating judges, the judgment of the court below is reversed, and the case is remanded to the Daegu High Court. The plaintiff's appeal is dismissed, and the costs of the lawsuit are assessed against the plaintiff.

Supreme Court Judge Ma-dong (Presiding Judge) Ma-dong (Presiding Judge)

arrow