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(영문) 서울고등법원 2020.11.05 2020나2014534
대여금
Text

The plaintiff's claim that was reduced before the remand and the claim of the plaintiff succeeding intervenor who participated in the trial before the remand.

Reasons

1. In the first instance trial, the plaintiff filed a claim against the defendant for the amount of the transfer under the premise that he received the claim for the return of unjust enrichment from the remitter in the first instance, and the court of first instance rejected all the plaintiff's primary and conjunctive claims.

The plaintiff filed an appeal against the above judgment, and partly reduced the purport of the claim in the appellate court prior to remand, and the appellate court prior to remand accepted the plaintiff's appeal and ordered the defendant to pay the loan to the plaintiff.

Therefore, the Defendant filed an appeal against the above judgment, and the Supreme Court reversed and remanded the entire judgment of the appellate court prior to remanding on the ground that it is necessary to re-examine and determine the scope of the standing of parties among the loan claims sought by the Plaintiff in this case as part of the Plaintiff’s loan claims were seized

2. Basic facts

A. C’s representative director C was appointed as the Defendant’s representative director on July 7, 2020 after the judgment of remanding.

As such, the defendant is substantially operating.

5. 5: 10. 1: 40. 40. 20. 40. 20. 40. 20. 40. 40. 20. 10,00 G 45,00,00 3. 40. 40. 10. 10. 10,00 J 2,000, 300. 40. 10. 10. 20. 30. 40, 204 4. 10. 20. 10, 204 4. 10. 20. 10, 200, 204 4. 10. 20. 10, 100, 2007 H 13, 2014

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