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(영문) 서울고등법원 2018.04.05 2017나2055252

대여금 등 청구의 소

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

Basic Facts

The Plaintiff entered into a loan agreement with A on four occasions as listed below (hereinafter “each of the instant loan agreements”). At the time, B, the representative director of A, was jointly and severally guaranteed by up to 120% of the amount of each credit.

A, from August 19, 2015, from around August 19, 2015, lost the benefit of the time limit for the loan obligations by delinquency in paying interest under each of the instant loan agreements.

The balance of principal and interest of loans to plaintiffs as of November 18, 2016 as specified in the following table:

On September 19, 201, 200, 100, 200, 240,000 on September 19, 201, 201, the credit interest rate of 10,000, 20,000, 240,000 on February 22, 2012, 20, 120,000, 120,000 monthly interest rate of 1,00,000,000, 00, 30,003 on March 22, 2013, 20, 20, 200, 10,000, 10,000, 20, 20,000, 20, 200, 40, 204, 204, 201, 205, 204, 2004, 2014.

Meanwhile, on August 20, 2015, Defendant D completed the registration of transfer to Defendant C with the receipt of the Korean Intellectual Property Office on each of the instant service marks.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 2 (including each number, unless otherwise indicated) and the whole purport of the pleading as to the judgment of revocation of the fraudulent act against the defendants as to this part of the judgment of the court of first instance is "3."

Since it is the same as the entry in the part of paragraph, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The existence of a preserved claim as to the merits is against A's defendant D.