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(영문) 부산고등법원 2017.10.11 2016나52623
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

1. The reasons for the entry in this case are as follows: “Defendant A” in the judgment of the court of first instance as “Codefendant A of the court of first instance”; “Defendant A” and “Defendants” as “Codefendant A of the court of first instance”; “this court” in Chapter 5 as “Defendant B and Codefendant A of the court of first instance”; and the Defendant’s argument added in the court of first instance as to the Defendant’s argument added in the court of first instance as follows, except for the additional determination as to the Defendant’s argument, the reasoning for the Defendant B in the judgment of the court of first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act. As such,

2. The decision on addition (the decision on whether the Codefendant A was in excess of his/her obligation)

A. On March 27, 2015, the gist of the Defendant’s argument that the Co-Defendant A (hereinafter “A”) of the first instance trial concluded with the Defendant to establish a collateral security agreement, in addition to KRW 1,324,315,180, which is the value of each real estate indicated in the “mark of real estate” as indicated in the attached Table 1,324,315,180, as well as KRW 21,171,015,250, which is the value of 5,498,965 shares of Company G (hereinafter “G”) and KRW 21,171,015,250, ② The value of 1,00 shares of Company H and KRW 5,20,000, ③ the value of 12,700 shares of Company I and KRW 33,909,00,000, KRW 29,043,084 shares of Company J (hereinafter “J”).

In addition, as a joint and several surety obligation borne by A to the Korea Development Bank and Busan Bank, the secured collateral of the principal debtor was provided and the creditor has secured preferential payment right to the above bank, only the amount calculated by deducting the secured collateral value provided by the principal debtor from the amount of the joint and several surety obligation of A shall be recognized as a small property.

If so, A’s small property as of March 27, 2015 = KRW 21,571,581,581,701 = The amount of loan 1,358,872,00,000 against the Defendant = The amount of credit loans of KRW 336,638,681 against Gyeongnam Bank Co., Ltd. 1,358,358,872,020. The amount of credit loans of KRW 336,638,681 to the Busan Bank is the Korea Development Bank.

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