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(영문) 서울고등법원 2018.05.04 2017나2034316
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

In this case, the reasoning of this court concerning the plaintiffs' assertion that the plaintiffs did not requisition the joint and several sureties of the executing entity, such as the construction work, etc., according to the main sentence of Article 420 of the Civil Procedure Act, since the plaintiffs' assertion that they would supplement the court of first instance that the plaintiffs would not demand any joint and several sureties of the executing entity such as the construction work, etc. (5) The asset management company shall meet the following requirements in the case of lending funds pursuant to paragraph (3):

In such cases, the secured amount or the guaranteed amount shall be an amount sufficient to collect claims in excess of the amount of loan.

1. To establish a security interest in real estate;

2. Where real estate is trusted pursuant to the Trust Act, it shall become the beneficiary of the trust, or a pledge shall be established on the right to benefit in the trust.

3. Article 35(5) of the Terms and Conditions of this case shall be guaranteed by the contractor, etc. to pay the amount of redemption of loans:

On the other hand, the investment prospectus of this case stated that "the Si Corporation shall not guarantee the repayment of the principal and interest of the loan as the goods that are subordinate to the California Complex Development Project," while providing for the joint and several guarantee requisition of "execution entity" in the resolution plan for the unredeemed risk of principal and interest.

On the other hand, the implementing entity of the instant project is G, H, and I three persons who invested USD 27 million at the time of the establishment of the instant implementing entity and hold 60% of its equity interest.

On March 4, 2008, a national bank, a trust company of the instant fund, received joint and several suretiess for the instant loan from 3 persons, such as the said G, etc., a business executor.

[Ground of recognition] Gap evidence Nos. 1, 19, Eul evidence Nos. 9-1 through 3, and the purport of the whole pleadings (2) is determined (A).

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