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(영문) 서울고등법원 2018.05.11 2017나2050165
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

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 cited in the instant case is the same as the reasoning of the judgment of the court of first instance, except for adding a judgment on the assertion or new argument that is either dismissed or emphasized by the plaintiff in the trial as follows, and thus, it is also acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Subsequent to the third third chapter of the judgment of the first instance, “the Defendant Company A” was succeeded to the claim for the instant loan from ABF Capital Co., Ltd., the following shall be added to the sixth fifteenth order below. ② All funds required for the project are to be raised under the responsibility of A, and B does not have any obligation to borrow and procure any funds in connection with the project.

(3) A shall entirely settle any debt borrowed or raised by A prior to the conclusion of a trust contract.

Article 20 (Business Performance, etc. for Sale) (1) Actual sales affairs, including sales advertising, publicity, sale methods, etc. for this business, shall be delegated to A to B so that A may perform such business affairs.

A shall obtain the prior consent of B with respect to the matters of legal responsibility and fulfillment of obligations as the executor of B at the time of carrying out the sale of buildings in units.

A person shall be appointed.

2. Supplementary or additional determination

A. As to the fact that the Defendants did not cooperate in the Plaintiff’s sales business, the first instance court of the Plaintiff’s assertion that “the Plaintiff” was combined with “the Plaintiff, etc.” but, except in special circumstances, indicated “the Plaintiff, etc.” as “the Plaintiff,” without distinguishinging the Plaintiff, etc.

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