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(영문) 부산고등법원(창원) 2016.04.07 2015나22369
대여금
Text

1. Both the plaintiffs' appeal and the defendants' incidental appeal are dismissed.

2. Plaintiffs A. added or expanded at the trial of the political party.

Reasons

1. The same shall apply to the relevant part of a written judgment of the first instance court of basic facts;

2. Judgment as to the main claim

A. Determination as to Plaintiff A’s primary claim is identical with the content indicated in the “2. Judgment as to Plaintiff A’s primary claim” No. 21 of the judgment of the first instance court on the claim for return of investment amount (the summary of Plaintiff A’s primary claim is KRW 100 million transferred from the first instance court to the L account on June 14, 2012, and KRW 400 million transferred from Defendant E to the Defendant’s account on June 21, 2012, the primary claim is dismissed by first filing a claim for return of investment amount, first claim for return of loan amount, second claim for return of loan amount of KRW 500 million, and second claim for return of investment amount was partially accepted, and second claim for incidental appeal was filed only by the Defendants, and second claim for return of investment amount is subject to the judgment of this court). The summary of Plaintiff A’s assertion that Plaintiff A loaned KRW 1.5 billion to Defendant E. 1.5 billion in total, Defendant E. 200 million in the Defendant Company’s KRW 1.5 billion.5 billion.

However, since the contract for the instant construction project was terminated on July 25, 2014 between the Plaintiff and the Defendant Company, Defendant E, a joint and several surety of the Defendant Company and the Defendant Company, jointly and severally, is liable to pay the Plaintiff the agreed interest pursuant to Article 5 of the Investment Agreement [in the event of a serious dispute, the principal and interest of the investment (7% per annum) shall be settled and repaid, and the contract for construction shall be null and void].

The plaintiff in the first instance court, the plaintiff B and the first instance court.

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