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(영문) 서울고등법원 2017.03.14 2016나2063713
대여금
Text

1. Of the judgment of the court of first instance, the Plaintiff’s KRW 447,731,554 among the judgment of the court of first instance and KRW 381,194,660 among the judgment amounting to KRW 381,194,660.

Reasons

1. Pursuant to the main sentence of Article 420 of the Civil Procedure Act, the corresponding part of the grounds of the judgment of the court of first instance (from 7, 7, and 7, below) shall be cited as the grounds of this judgment.

except that part of the following shall be dried or added:

[Supplementary part] The corresponding part of the judgment of the court of first instance, "C" shall be added to "I".

The 7th two pages of the judgment of the court of first instance shall be applied to "D" to "J".

The two pages 3 of the judgment of the court of first instance shall consist of two pages "5,00 bills" as "bills of 55 million won".

The 4th sentence of the first instance judgment, the "F and other employees of the company" shall be appointed as "F and other I employees."

The 10 to 13 pages of the first instance judgment shall be followed as follows.

“. (1) However, I filed an application for rehabilitation on July 30, 2013 with Daejeon District Court 2013 Gohap15, and the above court rendered a decision on September 6, 2013 on the appointment of the Defendant who was the representative director at the time of the commencement order of rehabilitation against I and the decision on the appointment of the Defendant as the administrator. Sheshe had the status of the administrator during the rehabilitation procedure as the Plaintiff’s rehabilitation security right or the rehabilitation claim, and the amount of loans KRW 745,981,50,50, and loans KRW 124,365,002, each interest that I paid to the Plaintiff every month as stated in the loan certificate of this case is delayed at least three times.” [Additional part] On December 12, 2013, the Defendant added “I as the guarantor” in the first instance judgment, and added “I as the debtor jointly and severally liable” in the first instance judgment.

2. The Plaintiff’s assertion that the Plaintiff: (a) from May 1, 2010 to March 16, 2012, the Plaintiff lent each of the money in the annexed sheet No. 1 to I; (b) the Defendant jointly and severally guaranteed the Defendant’s respective loan obligations; (c) the Defendant asserts that the Plaintiff is liable to pay the remainder of the loan and the interest remaining after being appropriated as indicated in the annexed sheet No. 2 of the Plaintiff’s Claim for Appropriation of Performance.

As to this, the Defendant, without involvement of the Defendant, decides H with respect to the borrowing of the instant money between the Plaintiff and I.

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