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(영문) 부산고등법원 2016.05.12 2015나4887
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasoning for the court’s explanation as to this case is that the part of “determination as to the cause of claim under Article 2-2(b) of the judgment of the court of first instance” is the same as the part of the judgment of the court of first instance on the grounds of the reasoning of the judgment, and thus, it shall accept it pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used for repair (Article 2-2 (b) and judgment on the cause of the claim);

A. Defendant G, who was in charge of Defendant C, Defendant D, and Defendant E’s representative director, who published the instant golf membership membership in the name of Defendant C, Defendant D, and Defendant F, who was the debtor of the instant loan, was in charge of the pertinent golf membership, did not actually pay the membership fee, thereby deceiving the Plaintiff as if he was a legitimate golf membership with little value of security, and thereby causing damage to the Plaintiff by receiving the instant loan, by deceiving the Plaintiff as if he was a lawful golf membership with little value of security.

Therefore, as a joint tortfeasor or his employer, the Defendants are liable to compensate for the amount of damages.

B. In order to establish tort liability against the Defendants, it is necessary to first prove that “the applicant for the instant loan is a security value for the instant golf club membership, namely, the fact that the Plaintiff was granted a security loan by deceiving the Plaintiff’s side as if the Plaintiff was a golf club membership with normal membership fee even if the Plaintiff did not pay the membership fee,” and further, that “the Defendant was aware that the instant loan was made by deception as to the security value, and that the Defendant was involved in the relevant crime,” and the burden of proof is borne by the Plaintiff.

There are evidence evidence Nos. 6-1, 2 (written confirmation of admission to golf membership) and 19 (written witness statement) as shown in the Plaintiff’s assertion, but ① The confirmation letter of admission to golf membership issued by Defendant E is the amount of admission.

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