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(영문) 서울고등법원 2017.04.06 2016나2078449
청구이의
Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the part of the judgment of the court of first instance is examined as follows. Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary part] Under Section 2, the part concerning “A” in Section 2 is referred to as “A” with “A” (hereinafter “A”), and the part concerning “A” in Chapter 3-7-8 and “A” with “A”, respectively.

Part 1 of the 4th page "B" shall be changed to "Defendant A".

Part 4, " July 20, 2016," in Part 11, shall be changed to " July 20, 2010."

The 7th page 8's "3.." and the 14th page 13's "4.." are different from "5."

Part 8 of ".........." part of the 8th page 15 portion is "....... Meanwhile, examining the actual deposit details of each investment money, some of the investment dates and the amount of investment stipulated in each of the instant agreements are not consistent accurately, but such circumstance alone does not lead to the failure of the Defendant to pay the investment money under each of the instant agreements, as alleged by the Plaintiff, or the obligation to return the investment money by D or A was not created."

Part 9, "The First Agreement of this case" in Part 6 is "each of the First Agreements of this case", and the Second Agreement of this case in Part 7 is "each of the Second Agreements of this case".

Part 9 "Preliminary Loan Agreements" and part of "Preliminary Loan Agreements" in part 15-16 and part 17 "Quasi-Loan Agreements" are referred to as "Quasi-Loan Agreements".

Part 13 8-9 of the “No evidence” portion is “no evidence.”

In addition, according to Gap evidence No. 6-2, at the time of entering into each of the instant quasi-loan agreements, Gap appears to be a stock company consisting of only one director H at the time of entering into each of the instant quasi-loan agreements. In such a case, pursuant to Article 383(6) of the Commercial Act, one director thereof is stipulated in Article 393(1)

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