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(영문) 서울고등법원 2016.04.21 2015나21709
약정금
Text

1. All appeals filed by the plaintiffs are dismissed.

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

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

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is as stated in the corresponding part of the judgment of the court of first instance, and thus, they are cited by the main text of Article 420 of the Civil Procedure Act

2. The plaintiffs' assertion and judgment

A. The gist of the plaintiffs' assertion 1) The defendant's husband C under the loan certificate of this case agreed that the defendant shall be jointly and severally liable for the debt of KRW 170,00,000 against the defendant's husband C. Thus, the defendant shall be jointly and severally liable with C to pay the above KRW 170,00,000 based on the loan certificate of this case and the delay damages therefor to the plaintiffs. 2) The defendant and C (hereinafter "the defendant et al.") shall be jointly and severally liable for the above debt of KRW 170,00,00 and the late payment damages. The defendant and C (hereinafter "the defendant et al.") shall be jointly and severally liable for the above debt of KRW 170,00,00,00 to the defendant's husband C under the loan certificate of this case. The defendant shall be jointly and severally liable for the above debt of KRW 130,00,00 and KRW 137,00,000 to the defendant's 1/2 shares in the exchange contract of this case.

Accordingly, the plaintiffs resist the defendant et al. that the above He's disposal act violated the additional agreement of this case, and the defendant et al. prepared the loan certificate of this case to the plaintiffs as the nature of compensation for damages for joint tort. Thus, the defendant is jointly and severally liable with C to pay the above KRW 170,00,000 to the plaintiffs.

3. The defendant et al. entered into the instant exchange agreement for the purpose of running the joint business, and thereafter the conclusion of the instant additional agreement and the instant H et al.

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