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(영문) 서울고등법원 2018.05.03 2016나2083427
대여금
Text

1. Of the judgment of the court of first instance, the part of the judgment against the Defendants exceeding the money ordered to be paid below is revoked.

Reasons

1. The Plaintiff filed a lawsuit with the co-defendant C, H, and S in the first instance trial to jointly and severally pay the Plaintiff the loans of KRW 6,038,318,072 to the Plaintiff, and three persons, including Defendant R, etc., jointly and severally with the remaining Defendants and co-defendants in the first instance trial to jointly and severally pay the Plaintiff the respective amount of KRW 2,012,772,690 and the delay damages for the said amount.

On the other hand, the court of the first instance rejected the claim against the co-defendant C of the first instance court. On the other hand, 5,831,758,072 won with respect to the claim against the defendant A apartment reconstruction association (hereinafter referred to as "the defendant reconstruction association"), the remaining defendants except 3, such as 5,831,758,072 won, and 1,751,971,382 won with the defendant reconstruction association, and 3, such as 1,751,971,382 won with the co-defendants of the first instance court, and the defendant R et al., jointly and severally with the other defendants, co-defendant H of the first instance court, and the co-defendants of the above money, and the remaining claims were dismissed.

Therefore, since only the defendants appealed against the defendants among the judgment of the court of first instance, the scope of the judgment of this court is limited to the part against which the defendants lost and part of the damages for delay which the court of first instance accepted.

2. Basic facts

A. 1) Status of the parties to the dispute 1) The Defendant Union is a housing reconstruction improvement project (hereinafter referred to as “instant project”) in the Gu AA in Ansan-si.

(2) At the time when the promotion committee of the defendant association entered into a provisional agreement with the plaintiff, the former executives or representatives of the promotion committee of the defendant association, and three persons, including the defendant association, the former executives or representatives of the defendant association at the time when the promotion committee of the defendant association entered into a provisional agreement with the plaintiff, and the latter children of the deceased deceased network AB on November 5, 2007.

3. The plaintiff is a promotion committee of the defendant association and a contract for the reconstruction project of the Amore.

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