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(영문) 대전지방법원 2018.11.08 2017나114496

대여금

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 of this court’s judgment citing the judgment of the court of first instance is as follows, with the exception that the period from the fourth to fourteenth of the judgment of the court of first instance is the same as the ground of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. A joint debtor and an underwriter’s assumption of the obligation jointly by agreement between the debtor and the underwriter as a contract for a kind of third party, but it is possible to assume the obligation jointly according to the agreement between the debtor and the underwriter (However, the obligee’s declaration of intent must be required). The Defendants agreed to assume the obligation against G other than the obligation indicated in “the current status of claims and obligations” and decided to deduct the Defendants from the shares of G management company if the Defendants are not liable. In light of the fact that the Defendants’ declaration of intent in the instant agreement appears to be not D but G with the Defendants as the assignee, in preparing the instant agreement, even if the Defendants agreed to assume the above obligation distribution as to D, the Defendants were to have a joint assumption of obligation between D and the Defendants solely on such circumstance and the statement of evidence A. 6.

In other words, it is difficult to recognize that the Plaintiff had the intent to directly acquire the claim against the Defendants, i.e., the intent to accept the said claim.

3. The plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal against the defendants is dismissed in entirety.