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(영문) 서울고등법원 2012.08.17 2012나1186
전부금
Text

1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, except for the following changes:

(3) Article 4-2 (1) of the Criminal Procedure Act does not apply to cases where the defendant submitted additional evidence in the trial. (4) of the Criminal Procedure Act does not apply to cases where the defendant submitted additional evidence to the court of first instance.

subsection (1) shall be amended as follows:

(B) Whether the plaintiffs' assertion constitutes abuse of the right of set-off (1) was intended to provide security for bonds to the plaintiffs who are bond holders. The plaintiffs did not purchase bonds issued by C if they were not established a pledge on the first and second deposit claims of this case, and the defendant was well aware of these circumstances. The defendant's assertion of set-off against C is to disregard the rights of the plaintiffs who trusted and acted in the act of the defendant, and it is against the principle of good faith that the defendant's exercise of the right of set-off is not allowed as abuse of the rights. 2) The decision of set-off is originally protected by law by paying off bonds and obligations that conflict with each other in a simplified manner to facilitate and equitable treatment of both obligations by settling them, and the existence of the right of set-off against those who want to exercise the right of set-off has actually function as a collateral for automatic claims, and thus, the purpose and purpose of offsetting the right of set-off against the parties' claims and the right of set-off is reasonable.

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