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(영문) 서울북부지방법원 2018.11.27 2017나35654
어음금
Text

1. A preliminary claim that was added to the trial before remand and that was changed from the trial after remand.

Reasons

1. The Plaintiff sought payment of KRW 719,576,428, which was not paid by the Defendant in the first instance court, and the first instance court dismissed the Plaintiff’s claim.

The plaintiff appealed against this, and in the appellate court prior to the remanding of the case, the plaintiff filed a preliminary claim to pay dividends equivalent to the surplus accrued from unjust enrichment, to transfer the right to claim for reserve deposits and to notify the right to claim for reserve deposits. The court prior to the remanded the plaintiff's appeal and the preliminary claim added in the appellate court prior to the remand

As to this, the Plaintiff appealed. The judgment of remand reversed the conjunctive claim of the judgment prior to remand, and remanded the corresponding part to this court, and dismissed the Plaintiff’s appeal as to the primary claim.

If so, the part of the plaintiff's claim is separated by the judgment of remanding. After the remanding, the plaintiff maintains the existing preliminary claim by adding the claim for return of unjust enrichment equivalent to KRW 245,877,182 to the main claim. The scope of the court's trial after remand is the changed main claim and the existing preliminary claim.

2. Basic facts

A. The Defendant’s establishment process of the right to collateral security 1) X-dong in Hanam-si (hereinafter “X-dong”).

(E) land and its ground buildings, F land and its ground buildings, G, H, and I land (O was divided thereafter).

The entire hereinafter referred to as “instant real estate”).

(2) On March 9, 2010, R completed the registration of creation of a new mortgage in the name of the debtor, in part of the instant real estate, the maximum debt amount of KRW 100 million, and the registration of creation of a new mortgage in the name of the debtor.

(hereinafter “R’s right to collateral security”) Plaintiff, C, around March 21, 2012, lent KRW 1 billion to Defendant and D, with a face value of KRW 1.5 billion, the date of issuance thereof, March 21, 2012, and Promissory Notes (hereinafter “instant Promissory Notes”).

(b).

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