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(영문) 서울고등법원 2014.01.17 2013나14455

부인결정 이의

Text

1. Revocation of a judgment of the first instance;

2. With respect to the claim filed by the Seoul Central District Court for the denial of No. 2011, 2011.

Reasons

1. Basic facts

A. On May 19, 2009, 2009, KimWn Partners Co., Ltd. (hereinafter “Gebnb Partners”) (hereinafter “Geb Partners”) was changed from “FF Co., Ltd.” to the trade name as of June 5, 2009 from “A”; hereinafter “A”), under joint and several sureties’s joint and several sureties, KRW 19 billion from the Plaintiff’s Intervenor (hereinafter “ Intervenor”), KRW 5 billion from PF 2 Mutual Savings Bank Co., Ltd. for a loan period of one year, and KRW 2,000,000 from the Plaintiff’s Intervenor Co., Ltd. as security, and KRW 19,000,000,000 for the loan period of 19,000,000,000,000 and KRW 2,19,000,000,000,000 for the loan period of 20,000.

(hereinafter “The existing loan of this case.” Since then, as seen by the Intervenor, the Plaintiff acquired KRW 5 billion loans from Pu2 Mutual Savings Bank Co., Ltd. among the existing loans of this case). Meanwhile, around that time, A delivered the blank bill in its name to the intervenors as security for the existing loan of this case.

B. From October 2009 to October 1, 2009, A’s debt acquisition project had not been performed even after completion of two debt sampling and selling activities.

A around May 2010, prior to the maturity date of the existing loan of this case, around May 2010, it is impossible to extend the existing loan period because he did not consult with the Kim Ann&S partnership with the intervenor. After acquiring the ownership of the land of this case through public sale, A expressed his intention to acquire the existing loan of this case.

The Intervenor complies with the above A’s demand.