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(영문) 서울중앙지방법원 2017.05.31 2017나7551
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

The reasoning of this court’s judgment is as follows, since the part of “the judgment on Defendant B’s assertion” among the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, and such part is cited by the main text of Article 420 of the Civil Procedure Act.

(However, the part against Co-Defendant A of the first instance court, which became separate and conclusive, [the part] Defendant B merely received a notice of pledge before entering into the pledge agreement of this case and did not receive any notice of the establishment of the pledge of this case thereafter, the pledge of this case is null and void.

According to the statement No. 3-2 and each fact inquiry about the new era of law firm Gap, according to the whole purport of arguments, the new era of law firm was sent to defendant B by mail proving the content of the pledge on December 23, 2013 on behalf of school life insurance, and the defendant B received the above notice on December 24, 2013. On the other hand, on April 8, 2014, the new era of law firm was delegated with the authority to give notice from school life insurance and sent the notice of pledge to the defendant B by mail proving the content of the pledge. On April 9, 2014, the above notice of pledge was sent to defendant B on April 9, 2014, the workplace of defendant B, who is the domicile of the next day, to "Seocheon-gu D building 8th floor of law firm," and on April 10, 2014, the new era was confirmed that the above notice of pledge on April 16, 2014 was not affected by the contract of pledge.

I would like to say.

The defendant's above assertion is without merit.

2.2

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