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(영문) 서울고등법원 2018.01.25 2017나2034422

약정금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance (such as law, judicial precedents, interpretation and application of legal principles, recognition of facts and facts requiring proof, and judgment on issues, etc.) is sufficiently reasonable as a result of the judgment of the court of first instance on the basis of the litigation materials and arguments submitted to the appellate court before the citing the judgment of the court of first instance based on the litigation materials and arguments.

The reasoning of this Court concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for those used or deleted as follows. Thus, this Court cites this case’s summary as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Part II, No. 5-6, “D” (hereinafter referred to as “D”) shall be written into “A” and all of the following “D” shall be written into “D”.

No. 2, 100,000 won, "10,000,000 won", shall be added to "50,000,000,000,000 for loans extended by the Defendant on October 31, 2012.

Part 3 (E-A) of the third side "(E-A)" shall be amended to "(A) E by the representative director of the Dispute Resolution D," and " March 26, 2013" to " August 26, 2013."

Part 3, Part 5, “G” (hereinafter referred to as “G”) shall be adjusted to “G”, and all of the following “G” shall be adjusted to “G”.

Part 8 through 10 shall be deleted from the 4th place.

The 4th parallels 11 to 7th parallels 13 shall be added to the following:

3. The key issue of the instant case, premised on the determination, is whether the instant agreement was concluded between the Plaintiff and the Defendant, and whether the Defendant bears the obligation to the Plaintiff under the instant agreement.

Even if the Defendant took the status of the addressee and the mortgagee of the Promissory Notes in accordance with the intent and convenience of the obligor, the surety, etc., it cannot be deemed that there was proof of the instant arrangement in accordance with the above position, and the instant agreement should be proved in accordance with the rules of the Civil Procedure Act.

The plaintiff is according to the debtor's will.