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(영문) 서울고등법원 2017.01.25 2016나2013190
약정금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows: (a) the part of the first instance court's 5th to 11th of the first instance court's 5th of the 5th court's 5th of the 1st instance court's 5th of the 5th court's 5th of the 1st instance court's 5th of the 5th court's 11th of the 6th court's 6th of the 6th court's 16th of the 6th court's 6th of the

2. As to the revised portion “3,” the Plaintiff alleged that the Defendant B’s obligation against the Plaintiff is a tort liability, and thus, the liability is not exempted as it falls under the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act. However, in light of the entries in the evidence Nos. 3 and 5 through 7, it is insufficient to recognize the above only by the descriptions in the evidence Nos. 6 through 9, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's above assertion is not accepted.

C. Each of the loans in this case regarding the claim against Defendant C is a matter of non-performance of obligation after Defendant B borrowed money from the Plaintiff. Furthermore, the evidence, including the evidence No. 6, submitted by the Plaintiff, is insufficient to recognize that Defendant B’s act was a deception by deception, or that Defendant C actively participated in the deception of Defendant B, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's primary claim against the defendant C is without merit to examine further.

A person shall be appointed.

3. Thus, the plaintiff's lawsuit against the defendant B is dismissed as it is unlawful and all of the conjunctive claims against the defendant C shall be dismissed as it is without merit. The judgment of the court of first instance is legitimate with this conclusion. Thus, the plaintiff's appeal against the defendants is dismissed as it is without merit. It is so ordered as per Disposition.

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