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(영문) 서울고등법원 2015.11.05 2015나2019924
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

The court's explanation of this case is consistent with the reasoning of the judgment of the court of first instance, except where the defendant adds a judgment on a new argument at the court of first instance as follows. Thus, it is acceptable to accept this case as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The defendant is liable for the transfer contract of this case by proxy. The plaintiff was negligent in neglecting his/her authority to conclude the transfer contract of this case to C or D at the time of the transfer contract of this case, and thus, the defendant is not liable for the transfer contract of this case. However, as seen earlier, the defendant is not liable for the transfer contract of this case due to the fact that the defendant legitimately granted the right to representation for the transfer of the right to sell this case to C and the defendant's agent formed the transfer contract of this case. Thus, the above argument of the defendant is just in the judgment of the court of first instance, and the defendant's appeal is dismissed as it is so decided as per Disposition.

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