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(영문) 대전지방법원 2019.02.21 2018나103622

추심금

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. cite the reasoning of the first instance judgment;

A. The reasoning of this court’s judgment is the same as that of the judgment of the court of first instance, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. However, the statement "(d) No. 5662 on October 17, 2016 at the commission of the plaintiff and C on September 28, 2016, 196," and the statement "No. 5662 on September 28, 2016 at the commission of the plaintiff and C," and the statement No. 3 at the bottom of No. 5 of the above judgment, "No. 5," are as follows: < Amended by Presidential Decree No. 23966, Sep. 28, 2016; Presidential Decree No. 27879, Nov. 1, 2016; Presidential Decree No. 27879, Nov. 24, 2016>

2. Additional determination on the Plaintiff’s assertion

A. Fact 1) C Co. (former trade name was “D Co., Ltd.” and “E Co., Ltd.”;

hereinafter referred to as “C” and, in the absence of any special reference, all the entry of “stock company” is omitted.

A) The instant apartment complex, “the instant apartment complex,” is being newly constructed and leased and sold out a “O apartment complex,” which is located in the area of the mountain, the mountain, Y, and 22 lots. In relation to the instant apartment project, the executor C and the Intervenor joining the Si Corporation (hereinafter “Defendant joining the Defendant”) are also called the Intervenor joining the Defendant.

2) The Trust Trust Co., Ltd. (hereinafter referred to as “ Trust Trust Co., Ltd.”)

I), lender(s), G, H Bank(s) (such as the foregoing C through H Bank) are referred to as “execution officer, etc.”

(1) On October 25, 2013, the Plaintiff entered into an agreement on the loan of business loan (No. 2) on March 18, 2014, which is the “instant agreement,” and the guarantor company and the enforcement company, etc., respectively. (2) on September 28, 2016, on the ground that the Plaintiff paid money to the executor C. (3) on September 28, 2016, the Plaintiff was written a notarized promissory note (No. 4,50,000,000) (Evidence No. 3) as of September 28, 2016, and on the ground that the Plaintiff paid money to the executor C. (4,500,000,000 won). < Amended by Act No. 6230, Oct. 3, 200>