logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.07.08 2015나2007051
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the court has accepted the judgment of the court of first instance concerning this case are stated as the reasons for the judgment of the court of first instance except for dismissal or addition as follows:

(The main text of Article 420 of the Civil Procedure Act) 2 acts below the fourth page are as follows: (a) evidence Nos. 1 and 2 shall be written and the purport of the whole pleadings.

In Chapter 5, 20, following the “content 20, the second agreement, unlike the first agreement, is not subject to restriction, but the Defendant was declared bankrupt on July 31, 2006 by the Daejeon District Court Decision 2006Hadan127, and on December 18, 2006, the Daejeon District Court Decision 1303 decided on December 18, 2006 and exempted the Defendant from all of the obligations to the Credit Guarantee Fund, etc. and the future indemnity obligations against the Plaintiff pursuant to Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), and the Plaintiff was exempted from all of the liabilities to the Plaintiff. The Plaintiff was declared bankrupt and exempted from immunity, and the Plaintiff could not be seen as having been practically unable to exercise the right to reimbursement from the Defendant in addition to the above agreement.”

The following shall be added to six pages 6:

The plaintiff's second and third agreements are made by deception or mistake of the defendant. Thus, the above agreement is revoked on the ground of fraud or mistake, or it is a juristic act that has considerably lost fairness through the plaintiff's gambling, rashness or experience, and thus, the above agreement is null and void. However, in light of the plaintiff's academic background, occupation and experience, relationship between the plaintiff and the defendant, the defendant's declaration of bankruptcy in 2006, the transfer of the above agreement, and the circumstances of the above agreement, the plaintiff's statement Nos. 1 and 2 are alone written.

arrow