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(영문) 서울고등법원 2015.07.21 2014나13992

물품대금

Text

1. The part against Defendant B in the judgment of the first instance shall be modified as follows:

Defendant B shall be jointly and severally with Defendant C.

Reasons

1. As to the scope of the judgment of this court (related to the part on Defendant B), the Plaintiff at the first instance court rejected the claim: (i) the debt acquisition claim against the Defendant B; (ii) the claim for the supply price of LPG; (iii) the claim for the payment of high-end LPG containers; and (iv) the claim for the return of LPG storage tank; and (ii) the court of first instance partially accepted the claim; and (iii) the claim

Since only Defendant B appealed against this, the part of the Plaintiff’s claim against Defendant B regarding “(3) high-end LPG container claim” in the Plaintiff’s claim against Defendant B, the court filed an incidental appeal regarding “(11,402,500 won and damages for delay) high-end LPG container” (11,402,50 won and damages for delay)” and withdrawn it on December 11, 2014.

shall be excluded from the scope of the adjudication of this Court.

2. As to the cited part of the judgment of the first instance, the basic facts within the scope necessary to determine the cause of the claim, pursuant to the main sentence of Article 420 of the Civil Procedure Act;

2. Determination as to the plaintiff's claim

A. Determination as to the claim against Defendant B;

B. The part regarding the claim against Defendant C is cited for the corresponding part of this judgment.

However, some of the parts are as follows:

The "20 No. 20" of 7 pages 5 of the first instance court's decision shall be deemed as "2, 22, 23, 24".

The part 6 to 9 of the first instance court's decision (the part concerning the judgment on the claim for the payment of high-speed among the LPG containers) shall be deleted.

The part of the first instance court's 2 to 7 pages 8 below shall be reversed as follows.

In light of the fact that “AA, Defendant B agreed with the Plaintiff and Defendant C to take over the obligation related to J on November 2, 2012 (A4),” it is difficult to view that the above agreement on the assumption of obligation becomes null and void solely on the ground that the agreement of this case (A6=A1) and the agreement on the assumption of obligation between the Plaintiff and the Defendant was not reached until December 29, 2012.

Finally, the defendant B is among the assets transferred by the defendant C.