All
| TITLE | Supreme Court Decision 2020Do10330 Decided January 25, 2024 【Fraud】 [full Text] |
|---|---|
| Summary | |
| 【Main Issue and Holding】 Strictness of the application of the crime of procedural fraud and a case where procedural fraud can be deemed guilty Where the parties to a lawsuit commit somewhat false or exaggerated words and deeds in the process of reaching an amicable agreement through conciliation procedures, whether such words and deeds can be seen to correspond to an act of defrauding another as referred to in the crime of fraud (negative in part) Whether it may be readily concluded that the criminal defendant, who should bear the fulfillment duty following conciliation, did not fulfill the duty of care in accordance with the principle of trust and good faith or caused any damage that has proximate causal relations with the constitution of conciliation to the Plaintiff on the sole basis of the circumstance where he or she did not perform the primary obligation following conciliation regarding the cause of a claim timely after the constitution of conciliation (negative) | |
