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(영문) 서울고등법원 2016.06.23 2015나2038772
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

1. The reasoning for the court's explanation in this judgment is as follows: ① The part of the court's reasoning for the court's ruling of the first instance is as follows: ① the part of the court's 8-9 of the court's 8-9 of the court's 8-1 of the court's 8-9 of the first instance court's 201 "only the court continued to operate the J station before being temporarily closed on or before February 201, as well as continued to operate the J station before being temporarily closed; ② The part of the "influence," in Part 8-18 of the court's 8-18 of the court's 8-1 of the court's 191, "if the plaintiffs consider all the evidence submitted by the plaintiffs up to the court's 8-18 of the court's 8-2 of the first instance court's 19-2 of the court's 8-2 of the court's 2011."

2. Additional determination

A. The gist of the plaintiffs' assertion was that Defendant D made a false notification to the plaintiffs A by reducing the amount of KRW 700 million from the actual amount of the obligation secured by J gas station site and building to the plaintiffs so that they can sell the J gas station to the plaintiffs. In addition, Defendant D made a false notification to the plaintiffs A by reducing the amount of KRW 700 million from the above KRW 700 million, the remainder of the obligation to pay KRW 200 million from the above amount of KRW 700 million was non-interest, and Defendant D committed an illegal act, such as granting trust to the plaintiffs regarding the obligation guaranteed by J gas station site and building.

In addition, Defendant C did not take measures to extend the insurance period of the performance guarantee insurance policy of this case on October 2010 or to reduce the credit limit on E’s oil transactions secured by the said securities. In addition, Defendant C did not allow E to engage in oil transactions under the name of another business entity even if it did not repay the existing debt related to the operation of the Jju station, and not only allowed Plaintiff A to engage in oil transactions.

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