(영문) 서울고등법원 2015.09.02 2014나33958

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(영문) 서울고등법원 2015.09.02 2014나33958

대여금 등

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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

1. The reasoning of the court's explanation concerning this case is as follows, and this case is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, since the reasoning of the court of first instance other than dismissal or addition is as follows.

Part 2 of the judgment of the first instance court, Part 10 "C" is deemed to be "P Co., Ltd. Q. Co., Ltd."; Part 4 9 " August 21, 2008" to be " August 21, 2008"; Part 12 "No. 18 through 23" to be "No. 1 through 10, 18 through 21, and 23"; Part 13 of the same part shall be deemed to be "I"; Part 5 1 of the same part shall be deemed to be "No. 5 1, 201" to be "No. 208," and Part 2 of the same part shall be deemed to be "No. 3 of the trust contract of this case" and the "No. 131,141 billion won" to be "No. 14.14 billion won", respectively, and part 3 of the same part shall be deemed to be "the trust contract of this case".

Part 5 16 " has been interrupted," and "the land trust in Korea has been interrupted. The land trust in Korea has notified D of the termination of the construction contract on January 18, 2010, and such notification has arrived at D next day." In addition to "D," for the same 18th page, "The Present Swiss Savings Bank," and "D."

The 6th 1st 6th 6th am as follows, and the 3th am under the same side "the representative director of the defendant" shall be "D and the representative director of the defendant".

B) After the conclusion of the above performance agreement, D’s modified trust agreement with the Korea Land Trust on December 21, 201 (hereinafter “instant modified trust agreement”) that, while maintaining D’s truster’s position and beneficiary status, it shall be changed to a land trust agreement with the type of borrowing (a loan of construction funds, etc. from D or a third party in the name of the Korea Land Trust, or a loan from the Korea Land Trust’s own account of the Korea Land Trust), and the Defendant and the new company shall be selected as a new contractor (hereinafter

AB concluded the agreement.

Accordingly, the defendant and new corporation around that time are between Korea and Korea Land Trust.

참조조문

-민사소송법 제420조

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