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(영문) 춘천지방법원강릉지원 2015.12.08 2015나424
대여금
Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. Acknowledgement of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except where the court gives rise to the reasoning of this case as stated in the reasoning of the judgment of the court of first instance. Thus, it is acceptable in accordance with Article

[Contents] Under the second sentence of the first instance court's decision, the second sentence "the first loan obligation" is "the first loan obligation, including the first loan obligation, and all debts that Defendant B currently and future due to the credit transaction between the non-party bank and Defendant B."

In the third chapter of the judgment of the first instance court, "the contract was transferred" was read as "the contract was transferred, and the plaintiff and the non-party bank jointly announced the summary of the decision to transfer the contract and the transfer of the contract to the Korean Economic Examination and the daily Economic Examination."

Under the third page of the judgment of the first instance court, the following paragraph (2) is deemed as follows: “The defendant C, a joint and several surety of each of the above loans, has the obligation to pay the above amount within the limit of KRW 300,000,000 to the Plaintiff jointly with the defendant B.”

The first instance court's decision No. 5 states that "the plaintiff's claim in this case against the defendants is null and void, or is not in violation of the principle of trust and good faith under the Civil Act, since the plaintiff did not comply with the promise despite the plaintiff's transfer of each of the loans in this case to the defendant's joint defendant D's secured loan obligation and exempted the defendants from all of the loans in this case," and thus, the plaintiff's claim in this case against the defendants cannot be accepted."

Part 5 of the judgment of the first instance court, "K" in Part 7 shall be changed to "D".

According to the 6th judgment of the court of first instance, the defendants' respective obligations under each of the loan contracts of this case and the above loan contracts of this case were transferred to the defendant's joint defendant D's secured loan obligations, and the plaintiff did not comply with the commitment despite the fact that the plaintiff transferred the defendants' respective obligations under the above loan contracts of this case and the above loan contracts to the defendant's secured loan obligations and exempted the defendants' entire obligations.

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