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(영문) 서울고등법원 2015.12.16 2015나15612
대여금
Text

1. Each selective principal claim against Defendant C added at the appeal and trial of the Plaintiff (Counterclaim Defendant).

Reasons

1. The reasons for the court's explanation concerning this case are as follows: ① the court's explanation of this case is as follows; ② the evidence additionally submitted at the court of first instance, which is insufficient to recognize the fact-finding of the court of first instance that the monetary amount of this case is a loan, or that the plaintiff, in order to issue a certificate of payment guarantee for mountainous district restoration expenses, has agreed on the real-name of other companies that jointly and severally and severally guaranteed the obligation for reimbursement to guarantee the guaranteed company of the defendant company; and ② the statement of evidence No. 16, No. 17; and ② the witness H's testimony is insufficient to recognize that the defendant C concurrently acquired or guaranteed the obligation for the plaintiff of the defendant company to guarantee the defendant company's loan to the defendant company; ③ The defendant C's explanation of each of the evidence No. 22, No. 23 is dismissed on the ground that the plaintiff's each of the plaintiff's claims against the defendant C added at the court of first instance is deemed to have been able to be able to be able to be cited in accordance with Article 420 of the Civil Procedure Act.

Of the grounds for the judgment of the first instance court, the upper part No. 3-4-5 (“Defendant C is substantially operating the Defendant Company with the father, who is the representative director of the Defendant Company,” and “Defendant C was appointed as the representative director of the Defendant Company on April 1, 2015, and even before that, as the father, E, who was the representative director of the Defendant Company, operated the Defendant Company in substance.” From the same perspective to April 5, 2009, the term “for recognition” was added to “for recognition” column.

Part 4 2 " was accepted or guaranteed," respectively, and from part 5 to part 6 " was agreed to accept."

Part 6-5 to 6 "Guarantee for Payment of Expenses for Recovery of Mountainous Districts or Guarantee for Payment of Expenses for Recovery of Mountainous Districts by other companies."

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