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(영문) 서울고등법원 2017.02.22 2016나2055873
약속어음금
Text

1. The part against Defendant F among the claims against Defendant F by Plaintiff A in the judgment of the first instance, shall be revoked, and the above part shall be revoked.

Reasons

1. In the first instance court’s trial scope, Plaintiff A filed a claim against the Defendants for the agreed amount and promissory note payment, and Plaintiff B filed a claim against the Defendants for the agreed amount. The first instance court dismissed Plaintiff A’s claim against the Defendants, and partly accepted Plaintiff B’s claim for the agreed amount and promissory note payment, and accepted Plaintiff B’s claim against the Defendants, and only accepted Plaintiff B’s claim for the agreed amount, and only the Defendants appealed. As such, only Plaintiff A’s claim for the loan against Defendant F, and the agreed amount claim against Plaintiff B against the Defendants are subject to the judgment of this court.

2. Basic facts

A. The relationship between the parties (i) Plaintiff A is a credit service provider operating Plaintiff G, Inc., a credit service provider, and Plaintiff B is Plaintiff A’s Syman.

Shebly, Defendant C and Defendant F are married with each other, and Defendant E are the children of Defendant C.

B. (i) Defendant E owned the same land as indicated below around 2007, around 2007.

In the case of the Republic of Korea, AD, a creditor of Defendant E, filed an application for compulsory sale of the said land on September 17, 2007, with the Suwon District Court for the compulsory sale of the said land on the same land owned by Defendant E, and on September 17, 2007, AD, a creditor of Defendant E, filed an application for the compulsory sale of the said land to Suwon District Court DE for the compulsory sale of the said land on the same land, and filed an application for the compulsory sale of the said land on September 17, 2007 with the Suwon District Court for the compulsory sale on the said land.

C. (i) The commencement of a monetary transaction between the Plaintiff A and the Defendants, Defendant C, the father of Defendant E, was conducted with respect to the real estate owned by Defendant E, and the compulsory auction procedure was conducted as above, requested the Plaintiff A to introduce the Plaintiff from the branch and lend money to the Plaintiff.

Sheshe received the above request, and around November 14, 2007 lent KRW 400 million to Defendant E, and ② Defendant F to Defendant Sejong Mutual Savings Bank Co., Ltd. on May 29, 2008 (hereinafter “ Sejong Mutual Savings Bank”).

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