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(영문) 서울고등법원 2019.12.19 2017나2033764
대여금
Text

1. The judgment of the court of first instance is modified as follows.

The plaintiff's second preliminary claim is related to the infringement of the right to benefit.

Reasons

1. Objects to be tried by this court after remand;

A. At the first instance court, the Plaintiff asserted that, as an indivisible creditor of the Defendant’s claim for loans against the Defendant, the Intervenor, Co., Ltd. (hereinafter “ Intervenor Co., Ltd.”) primarily, the Plaintiff filed a claim for damages in the first instance court’s favor of the Intervenor Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on the part of the Intervenor Co., Ltd. (hereinafter “Defendant Co., Ltd.”) for the first instance, the Intervenor Co., Ltd.’s claim for loans on behalf of the Intervenor Co., Ltd., as the obligee for the first instance, and as the second instance, as seen below, the Plaintiff incurred damages equivalent to KRW 15,316,00,000, the total amount of the sale price of the land allotted by the Defendant

B. As to the above claim of the plaintiff, the judgment of the court of first instance accepted the plaintiff's primary claim, and only the defendant appealed against it.

C. Before remand, this Court rejected all the Plaintiff’s primary and primary claims and dismissed all the Plaintiff’s claims. D.

The plaintiff filed an appeal against the judgment of the court prior to remand. The Supreme Court dismissed all of the plaintiff's appeals against the main and the first preliminary claims and the second preliminary claims concerning the collected settlement money claims, and the judgment of the court prior to remand only the damages claim related to the infringement of the right to priority of priority of the second preliminary claims and remanded to this court.

E. Therefore, the judgment of this court prior to remanding the plaintiff's primary and primary claims and the part concerning the claim for the liquidation money collected among the secondary claims was separated and finalized, and the scope of this court's trial after remand is limited to the claim for damages related to the infringement of the right to preferential benefit.

2. Basic facts

A. The defendant as the parties 1 is Incheon.

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