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(영문) 서울고등법원 2018.07.12 2018나2006752
채무부존재확인
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 of the judgment of the court of first instance (such as law, precedents, interpretation and application of legal principles, recognition of facts and facts requiring proof, determination of issues, etc.) is sufficiently reasonable as a result of determining issues in accordance with the appellate court’s methods and principles, laws, precedents, legal principles and rules of evidence based on the litigation materials and arguments submitted to the appellate court citing the court of first instance.

The reasoning for this Court concerning this case is as follows, and the reasoning for this Court is as stated in the part of the judgment of the court of first instance, except for further determination as to the matters alleged as the grounds for appeal by the plaintiffs, as set forth in paragraph (3) above. Thus, this Court cited the summary of Article 420 of the Civil Procedure Act as it is.

2. (a) In the part of the judgment of the court of first instance, all of the Plaintiff C Co., Ltd. and “Plaintiff C” generated from No. 2, No. 15 of the judgment of the court of first instance shall be used as “Plaintiff C” and the same conduct (hereinafter “Plaintiff C”) shall be deleted.

(b) Part 3 of the judgment of the first instance court, part 11 "Plaintiff A corporation" and "Plaintiff A" generated from the above, shall be adjusted to "Plaintiff A A" and "Plaintiff A".

The 11-12 of the same page “Plaintiff A” shall be deleted.

(c) No. 3 of the first instance judgment, No. 21 of the judgment of the court of first instance, “Plaintiff D” and “Plaintiff D,” respectively, shall be written “Plaintiff A” and “Plaintiff D,” and all of “Plaintiff D,” shall be deleted as “Plaintiff D,” and No. 21 to No. 4, respectively, “Plaintiff D,” respectively.

(d) Each “period of permission for conversion of mountainous district” in heading 11 and 12 and 13 of the first instance judgment shall be subject to all “period of permission for conversion of mountainous district”.

3. Additional determination on the grounds for appeal

A. An insured incident, the gist of the Plaintiffs’ assertion, is each of the instant guarantee insurance contracts, until May 7, 2014, which is the last day of the period for submitting mountainous district restoration design, which was determined in the official letter that the Plaintiffs sent to the Plaintiffs by the Seoan market after the expiry of the respective period for permission for mountainous district conversion.

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