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(영문) 서울고등법원 2016.04.22 2015나30475

구상금

Text

1. All appeals filed by the plaintiffs are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, since it is stated in the reasoning of the judgment of the first instance except for partial modification or addition as follows.

The loan amount of KRW 700,000,000 on the three pages of the decision of the first instance court shall be amended to "No. 16, 2008" as "No. 31, 2007."

The two pages 5 of the judgment of the first instance court shall be modified to “land” (the land category was changed from “former on October 4, 201 to “factory site”).

The "V" of the 7th, 10th, and 2th, 7th, 10th, and 2th, shall be revised to "AI".

The 8th sentence of the first instance court shall be amended to 123,590,460 won "123,59,460 won".

"151,877,475 won" shall be added in front of "151,87,475 won" at the bottom of the eightth judgment of the first instance.

The Bank of Korea shall revise the nine pages of the first instance judgment, "The Bank", "The Bank of Korea", and "The First,742,50,000 won", respectively, as "the Enterprise Bank", and "The First,742,520,000 won".

“The fact that the Defendant has fully performed the obligation to pay the remainder at the end of 60,7th judgment of the first instance court” shall be revised to “the amount close to the balance agreed at the time of the instant sales contract, and on May 31, 2013, the fact that the registration of ownership transfer was completed under the name of the Defendant with respect to the instant real estate under the name of the Defendant (the network D and the Defendant, at the time of the preparation of the instant confirmation, appears to have agreed that the Defendant would have been performing the obligation to pay the remainder by subrogated the amount close to the remainder as above, and even if not, as seen thereafter, the Defendant paid KRW 10,00,00 to the Plaintiff’s side on March 29, 2013, the amount paid to the deceased D prior to the registration of ownership transfer shall be equal to the amount of the balance initially agreed).”

After the 11th decision of the first instance court, the No. 11 No. 2010, Sep. 21, 2011, the date of preparation of the No. 2019, Nov. 23, 2011, the Credit Guarantee Fund paid 695,332,010 won to a corporate bank by subrogation.