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(영문) 서울고등법원 2017.06.23 2015나2056633
배당이의
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. The reasoning for this part of this Court’s reasoning is the same as that of the corresponding part of the reasoning of the judgment of the first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act

2. The plaintiff's assertion and judgment

A. 1) The Plaintiff’s assertion of his/her ability to perform the business refers to the Plaintiff’s mental ability or intelligence to reasonably determine the meaning or outcome of his/her act based on normal perception and history, and in particular, it is necessary to understand not only the ordinary meaning of act but also the legal meaning or effect of a monetary loan contract and a contract to establish a right to collateral security in order to secure the loan from the Defendants and to establish each contract to establish a right to collateral security. As such, each of the above contract to establish a right to collateral security is null and void. Since it is unfair that dividends have been distributed to the Defendants based on the above invalid right to collateral security, the pertinent distribution schedule should be deleted in full and corrected. 2) The Plaintiff’s ability to perform legal act refers to the Plaintiff’s mental ability or intelligence to reasonably determine the meaning or outcome of his/her act based on normal perception and history. In light of the legal meaning or effect that cannot be understood only in a case where certain juristic act was given, it should be understood that the Plaintiff’s ability to perform the business should be determined individually by the court head of a university.

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