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(영문) 서울중앙지방법원 2016.02.15 2015나39059
대여금
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 of this case by the court of first instance concerning this case are as follows: (a) the defendant's "defendant" in the second 9th of the judgment of the court of first instance as "Plaintiff"; and (b) the defendant's assertion in the court of first instance is as stated in the reasons for the judgment of the court of first instance, except for adding the following judgments as to the matters alleged in the court of first instance;

2. On May 15, 2009, the defendant asserts that when the plaintiff appropriated the dividends for auction of dividends received on May 15, 2009, the defendant bears the obligation to repay the interest on the loan of this case and the principal in the order of appropriation in court as stipulated by the Civil Act. The defendant asserts that the plaintiff's claim of this case seeking payment of interest balance cannot be complied with on the premise that the above auction dividends are appropriated in order of appropriation in court.

In full view of each of the statements in Gap evidence Nos. 4 and 5, when the defendant guaranteed the debt of this case, pursuant to Article 12 (1) of the General Terms and Conditions for Credit Transactions approved by the defendant at the time of guaranteeing the debt of this case, the debt of this case shall be appropriated in the order of expenses, interest, and principal, and if the debt of the debtor is insufficient to extinguish the whole debt of this case, it can be acknowledged that the plaintiff has provided that the order of appropriation may vary within the extent no less favorable than the debtor, and it cannot be said that the appropriation of the debt of this case is disadvantageous to the defendant. Thus, it is reasonable for the plaintiff to preferentially appropriate the debt of this case

3. If so, the decision of the court of first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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