(영문) 서울고등법원 2016.07.12 2015나2044135

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2016.07.12 2015나2044135

사채금 등

Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

Reasons

1. The grounds for a judgment of the first instance shall be quoted for this judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the first instance;

However, some of the following shall be supplemented or amended, and the judgment on the Defendants’ assertion shall be added.

2. One line in the first instance court Decision 5 of the part supplemented or cut-off “1. Creditor and Pledger: the Plaintiff’s “A” (hereinafter “A”) following the Plaintiff, the second line “A” following the instant company: “B” (hereinafter “B”); and the third line “F, G, and H” following the third line “B” (hereinafter “B”).

In the second two parallels of the first instance trial, “(unit: source)” is added to the right string, and “damage for delay incurred by the date of repayment” in the sequence 3 of the table below shall be “26,027,397”, and “damage for delay incurred by the date of repayment” in the sequence 6 shall be “26,027,397” and “74,835,616” shall be “71,835,616”.

The 11th judgment of the first instance court "2013Gahap63427" shall be applied to "2013Gahap36427".

Two pages 12 of the Judgment of the first instance court shall be "1,450,000,000" and "1,450,000,000."

3. Addition of Judgment

A. The Defendants asserted that the contract of this case was executed by the Defendants pursuant to the joint and several guarantee agreement (A3) and the pledge agreement (A4) prepared separately at the time of the conclusion of the contract of this case, even if they were to be the joint and several sureties for the company of this case, the Defendant B was to escape from the position of joint and several sureties at the time of the formation of the contract of this case, and H was to be the intent of joint and several sureties because H was to escape from the position of joint and several sureties at the time of the formation of the contract of this case, and as a joint and several sureties, the Defendant B was not liable as a joint and several sureties in accordance with the preparation of the contract of this case.

참조조문

-민사소송법 제420조

유사 판례

-서울고등법원 2016. 7. 12. 선고 2015나2044135 판결

-서울고등법원 2018.08.21 2018나2009065

-대구고등법원 2018.11.08 2018나21860

-인천지방법원 2014.10.14 2013나34464

-서울고등법원 2016.12.01 2016누46719