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(영문) 서울중앙지방법원 2018.02.01 2017나10328
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

The reasoning of the judgment of the court of first instance is that “Defendant C” is “C”, “Defendant A”, or “Defendant A” is “A” or “A”, and the part of “judgments” of not more than 12 pages 7 of the judgment of the court of first instance is identical to that of the defendant among the reasons of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(1) The court of first instance held that the defendant's joint and several liability limit can not be interpreted as limited to the above joint and several liability as follows: (a) if the director, etc. of the court of first instance stand joint and several liability for the debt incurred during the company's continuous transactions with a third party, the director, etc. of the company becomes joint and several liability for the company's debt incurred during the company's continuous transactions with the third party; (b) if the director, etc. of the court of first instance stand joint and several liability for the company's debt incurred during the company's transactions with the third party, the company's debt liability limit cannot be interpreted as limited to the above joint and several liability for the company's debt, unless there are special circumstances, such as the director, etc. who was in office at the time of the company's transactions with the other party to the company, and the defendant's performance guarantee insurance contract cannot be viewed as the whole guarantee insurance contract after the change of the contract's performance guarantee amount (see, e.g., Supreme Court Decision 9Da61750, Mar. 10, 20000).

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