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(영문) 서울고등법원 2013.07.25 2013나2006580
연체이자 등 지급청구
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows: (a) deleted No. 5 of the judgment of the first instance court; (b) removed No. 3 of the judgment of the first instance; and (c) removed “from April 5, 2012” from April 3, 2012 to “from April 5, 2012”; and (d) No. 10 of the judgment of the first instance as stated in the reasoning of the judgment of the first instance except for the dismissal of No. 5 as follows.

2. As above, in full view of the following facts: (a) whether a special contract for the loss of the benefit of the instant bonds is deemed to be a special contract for the loss of the benefit of the formation right; and (b) when considering the overall purport of pleadings as to the statement No. 3-1(1) of the instant contract, it can be acknowledged that treatment securities, the trustee company under the contract for the sale of subscription to new bonds, notified the Defendant of the loss of the benefit of the instant bonds due to the commencement of the management procedure; and (c) the Defendant claimed reimbursement of the principal and interest of the instant bonds on January 19, 2010, which notified the Defendant of the foregoing; and (d) as recognized earlier, the Plaintiff, who expressed its intent to the Defendant to pay the benefit of the instant bonds after the filing of the lawsuit in this case, did not have the effect of the notice of the benefit of the instant case after the expiration of the time limit for the loss of the benefit of the Defendant’s interest of the time limit after the filing of the lawsuit against the Defendant’s loss of the benefit of the instant bonds.

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