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(영문) 서울고등법원 2018.09.12 2017나2069190

대여금등

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 reasons why the court should explain this part of the basic facts are “1. Basic Facts” from the last 3th to 5th 3th , except for the following modifications:

1. and Attachments

2. The reasoning is the same as indicated in the reasoning. As such, the part to be corrected is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act. [The part to be corrected] The entry of “Plaintiffs” in Chapter 6 of the first instance judgment as “A Co., Ltd. (hereinafter “A”)” and each “Plaintiffs” in Chapter 5 up to Chapter 1 as “A” respectively. The following is added to Chapter 5 of the first instance judgment as stated in the first instance judgment.

F. On the other hand, on November 1, 2016, A notified the Defendant Union of the purport that “A cannot promote the instant project any longer according to the Defendant Union’s peremptory notice and notification of cancellation on September 1, 201 and October 7, 2011, as we cannot promote the instant project. As such, A demanded repayment of the amount of loans pursuant to Article 33(3) of the instant provisional contract, and thus, I would like to reply by November 4, 2016 (hereinafter “instant notification of repayment”).”

G. On February 27, 2018, when the instant lawsuit was pending in the trial, A was decided on February 27, 2018 by the Seoul Rehabilitation Court, and the Plaintiff, the representative director of A, was the custodian.

Since then, the plaintiff taken over the lawsuit of this case.

(hereinafter referred to as “Plaintiffs” in both A and the Plaintiff.

2. The Plaintiff’s assertion was at the trial, and the subject, timing, etc. of the rescission of the instant provisional contract are different from the primary cause of claim and the primary cause of claim corresponding thereto. However, since the principal obligation subject to each claim or guarantee is identical to “the obligation to settle and restore the loan to the Plaintiff by the Defendant Union pursuant to Article 33 of the instant provisional contract,” it is deemed that only the method of attack differs.

A. The primary assertion is the cancellation of September 1, 201 and October 7, 201 of the Defendant Union.