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(영문) 서울고등법원 2018.04.11 2017재나20050
대여금
Text

1. Among the lawsuits for retrial of this case, the grounds for retrial under Article 451(1)7 of the Civil Procedure Act shall be dismissed.

2. The case.

Reasons

1. Basic facts

A. Before the judgment subject to a retrial is rendered, the 1) creditor A Co., Ltd. (hereinafter “A”).

3) The debtor counter-defendant F Co., Ltd. (hereinafter "sub-defendant F Co., Ltd.")

A) The credit transaction agreement (No. 3-1) as stated on December 24, 2010 on the date of the credit transaction agreement, and December 24, 2009 under the name of the counter-Defendant G, a joint guarantor, entered the credit limit of nine billion won, and the date of the credit transaction agreement (No. 3-1). The debtor column of the above credit transaction agreement bears the name of the counter-Defendant company and the corporate seal impression. In the joint guarantor column, the name and address of the counter-Defendant G, a representative director of the counter-Defendant company, are entered, and the seal impression of the counter-Defendant G is affixed. The minutes of the board of directors meeting (No. 3-2) as of December 29, 209, which were held with the consent to the proposal to enter into the credit transaction agreement, and the certificate of the personal seal impression, the certificate of the counter-Defendant company's corporate seal impression, the certificate of the personal seal impression of the counter-Defendant G, and the copy thereof, were submitted to A).

3) On March 5, 2012, the Gwangju District Court declared bankruptcy against A in the case involving the declaration of bankruptcy of 2012Hahap1, and appointed the Counterclaim as A’s bankruptcy trustee on the same day, and around April 16, 2012, A took over the instant lawsuit by the Counterclaim Defendant around April 16, 2012. (B) On August 23, 2011, the Counterclaim Defendant and the Counterclaim Defendant B, C, D, E, H, and I (hereinafter “Counterclaim Defendant, etc.”) filed a lawsuit to confirm the existence of the existence of the obligation with the Seoul Central District Court (the court’s 201Gahap87681), and the Counterclaim Plaintiff took over the said lawsuit by the Counterclaim Defendant around April 16, 2012, and on July 23, 2012, against the Defendant, etc., the Counterclaim Defendant asserted as the Counterclaim.

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