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(영문) 서울고등법원 2019.10.24 2018나2054249
대여금(사채금)반환
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as follows, with the exception of adding or adding to the following.

(The main text of Article 420 of the Civil Procedure Act). The following shall be added to the fifth 15th tier judgment:

f. The rehabilitation procedure of the Defendant Company and the Defendant Company in charge of the lawsuit taken over the instant litigation procedure on September 18, 2018, which was following the pronouncement of the first instance judgment, by the Incheon District Court (2018 hap20), and the Defendant C, the representative director of the company, is deemed the administrator and taken over the instant litigation procedure against the Defendant Company, but on March 14, 2019, the said court taken over the instant litigation procedure as a result of the said court’s decision to discontinue the rehabilitation procedure (hereinafter referred to as “Defendant Company” without asking all before and after each of

) Five and six parallels of the first instance judgment of "B 69" shall be written by "B 69, 76".

The 6th half of the judgment of the court of first instance shall be based on the "performance" with "performance".

The following shall be added to the 7th 13th 13th "no grounds" in the judgment of the first instance.

As long as the Plaintiff’s claim for redemption before maturity under the instant corporate bonds contract is not unlawful, even if the Defendant Company failed to achieve the minimum net profit as stipulated in Article 2(1) of the instant investment contract due to the Plaintiff’s claim for redemption before maturity, it cannot be deemed that the Plaintiff obstructed the Defendant Company’s achievement of its minimum net profit against the good faith and trust.

) The Plaintiff, i.e., the 7th half to half of the judgment of the first instance, stated “the Plaintiff’s damage claim” as “the damage claim amounting to KRW 843,749,624, and KRW 843,749,624, and KRW 624, incurred by the Defendant in relation to the transaction of the probag products (hereinafter “the instant products”) issued by the Plaintiff via the F Limited Liability Company (hereinafter “F”).

The 8th of the judgment of the first instance shall be amended to "G (hereinafter referred to as "G")" in the 8th of the judgment of the first instance.

8. One-half to half-one-half of the judgment of the first instance shall be done as follows.

“(3) The Defendants shall be the Plaintiff.

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