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(영문) 대전지방법원 2017.12.07 2017나103489
보증채무금
Text

1. The part of the judgment of the court of first instance against the Defendants shall be revoked, and the plaintiff's preliminary claim corresponding to that part shall be revoked.

Reasons

In the first instance trial, the Plaintiff sought payment of KRW 2,580,000 out of the above loans from the Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”) under the premise that the Defendants jointly and severally guaranteed a joint and several surety, and in the first instance trial, the Plaintiff claimed payment of KRW 30,000,000 on the premise that the Defendants were subrogated by the Korea Savings Bank from the National Federation of Fisheries Cooperatives (hereinafter “NFF”), and the Defendants agreed to make payment on the premise that the Defendants paid KRW 30,000,000 from the above loans received from the Korea Savings Bank, or that the Defendants agreed to pay KRW 30,000,000 from the above moving expenses.

As to this, the first instance court rejected all of the plaintiff's main claim against the defendants, and partly accepted the conjunctive claim. Accordingly, since the defendants appealed against this, the object of the trial of this court is limited to the conjunctive claim (the dismissal of the plaintiff's main claim in the first instance court does not explicitly indicate the order that the plaintiff's main claim is dismissed. However, in this case where only the defendants appealed, the part of the main claim is not subject to the trial, and this is not at issue.) The association of this case is a reconstruction association established with 35 members (H and I are co-owners of reconstruction No. 401) with the authorization of establishment on February 27, 1998 to reconstruct the main apartment complex (hereinafter "the apartment of this case").

The Defendants are members of the instant association.

3. Relocation expenses from the National Federation of Fisheries Cooperatives;

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