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(영문) 서울고등법원 2019.08.21 2016나2026387

매매대금

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 for this case by the court of first instance is the same as the reasoning for the judgment of the court of first instance, except for the following cases. Thus, this case shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 3 of the judgment of the first instance court, the "H Co., Ltd." in Part 15 shall be changed to Q Q Co., Ltd.

Under paragraph 3 of the judgment of the first instance court, "Plaintiff A" shall be deemed to be "Plaintiff A (hereinafter referred to as "Plaintiff A")".

The first instance court's decision No. 4 was pronounced "," and the Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy (hereinafter "Korea Deposit Insurance Corporation in bankruptcy").

Part 14 to 21 of the judgment of the court of first instance is as follows.

2) According to Articles 57(2) and 112 of the Agricultural Cooperatives Act as to whether the Defendant’s guaranteed liability is null and void, the Korea Development Bank may borrow funds only from the State, public organizations, S organization, holding company, and its subsidiaries, U.S. banks, or V with a view to achieving its business objectives, and may not borrow funds from other institutions or individuals.

(A) An institution capable of borrowing was originally prescribed by the State, public organization, or S organization; however, as amended by Act No. 10522 on March 31, 201, U.S. bank was added, and as amended by Act No. 12950 on December 31, 2014, T Holding Companies, their subsidiaries, andV were added). The Agricultural Cooperatives Act was enacted to improve the economic, social, and cultural status of farmers and to enhance the quality of life of farmers through strengthening agricultural competitiveness.

(1) Article 1. The above provision strictly limits the borrower of the R&C is to prevent unfair infiltration of external capital by reflecting the purpose of this Act and ultimately to ensure the financial soundness of the R&C, which is an independent cooperative organization of farmers.

The purpose of this.