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(영문) 서울고등법원 2017.12.15 2017나2046975
양수금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3. The judgment of the court of first instance is ordered.

Reasons

1. The reasoning for the court’s explanation on this part is as follows, except for dismissal or addition as follows, and therefore, it shall be accepted pursuant to the main sentence of Article 420 of the Civil Procedure Act, since the corresponding part of the reasoning of the judgment of the first instance ("the fact finding of 1.1.) is the same as that of the corresponding part of the grounds of the judgment of the first instance ("the fact finding of 2-3"). [The part to be dismissed or added] 5 billion won under the second half of the judgment of the first instance (A shall be added to "the status of loans from our bank of Korea on February 28, 2008, and August 29, 2008, 100 billion won from our bank." The third part of the judgment of the first instance shall be " March 31, 2011." The third part of the judgment of the first instance shall be "each of the loans of this case" with "each of the above loans of this case against Defendant 1 and 2".

“In the event that a notice of the assignment of claims was sent by content-certified mail but returned, the fact of the assignment of claims was publicly announced in C in accordance with Article 7(1) of the Asset-Backed Securitization Act and a national one newspaper.” In front of the 10th 10th 10th 28th 2016, “The distribution schedule was finalized on August 25, 2015 with the content that the Plaintiff received dividends of KRW 1,095,35,695 on August 25, 2015 in the auction procedure to be seen below, and if each of the loans is appropriated in the order of statutory appropriation of claims, the said schedule is added.”

The evidence Nos. 1 and 8 shall be added to the “based grounds for recognition” of 12-13 of the judgment of the first instance.

2. According to the facts of the determination as to the cause of the claim, the Defendants jointly and severally paid to the Plaintiff the principal of the first loan amounting to KRW 17,40,414 (i.e., principal amounting to KRW 14,839,386) and the principal amounting to KRW 14,839,386 among them, the Defendants shall be paid damages for delay calculated at the rate of 14.2% per annum for the Plaintiff within the scope of overdue interest rate from November 29, 2016 to January 20, 2017, which is the delivery date of the original copy of the instant payment order from November 20, 2017, within the scope of the delivery date of the original copy of the instant payment order.

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