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(영문) 서울고등법원 2015.09.17 2014나2052115
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the court should explain in this judgment are as follows: (a) part of the reasoning of the judgment of the court of first instance shall be cited as “paragraph (2)”; and (b) the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment of the plaintiff as “paragraph (3)” under the following subparagraphs; and (c) thereby,

2. Parts to be dried;

A. The part of the "Do Civil Savings Bank Co., Ltd., the bankrupt debtor corporation" in Section 12 of the second judgment of the court of the first instance is called "Do Civil Savings Bank, Inc., the bankrupt debtor corporation".

B. Article 11 of the first instance court’s ruling provides that “A shall be recognized as a fact. Meanwhile, according to the purport of the entry and the entire pleading in the evidence No. 13, the loans No. 1 and No. 2 of this case may be recognized as a fact of lending within the scope of the regular collateral ratio stipulated in Article 22 of the above loan regulations, and no other counter-proof is required.”

C. The part of the first instance court’s first instance court’s first instance court’s 8th sentence stating that “the person shall be deemed to have fulfilled the duty of loyalty” shall be deemed to have fulfilled the duty of loyalty (see, e.g., Supreme Court Decision 2006Da33609, Jul. 26, 2007).

Since the market price of the land was estimated in accordance with No. 20 of the 7th judgment of the first instance court, the "the market price of the land is estimated" is stated in the 12th judgment of the first instance court as "the comparison is based on the comparison of individual factors between the land of this case and the land of this case".

E. The same applies to the above-mentioned facts by adding Gap evidence No. 3 to the above-mentioned facts, and there is no other evidence to acknowledge it.

“The same part is applicable even if all the evidence submitted by the Plaintiff to the trial, such as the record of Gap’s evidence No. 3, etc., and the circumstances of its assertion were examined, and there is no other evidence to acknowledge it otherwise.

"...."

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