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(영문) 서울중앙지방법원 2019.04.11 2018나45659

대여금 등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following judgments, thereby citing it as is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary judgment part] The defendant asserts to the effect that since around October 3, 2017, after the resignation of the representative director of D Co., Ltd., the defendant requested the plaintiff to change the joint and several sureties of the loan of this case to the current representative director, the defendant does not bear any joint and several sureties liability any longer. However, the defendant cannot be immediately exempted from the joint and several sureties liability on the ground that the defendant requested such a request to the plaintiff

2. Thus, the plaintiff's claim by the plaintiff succeeding intervenor is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.