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(영문) 대전고등법원 2016.06.03 2015나12206
부인의 소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The court's explanation of this case is the same as the reasoning of the judgment of the court of first instance except for dismissal or addition as follows. Thus, it is citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The witness C in Part 6 of the judgment of the court of first instance shall be the witness C of the court of first instance.

On April 15, 2012, "No. 10, 2012" in Part 7 of the judgment of the court of first instance shall be read as " April 15, 2013."

On the 7th judgment of the first instance court, the "fact of recognition" in the 20th judgment shall be understood as "basic facts and fact of recognition".

In Part 8 of the judgment of the first instance court, “applicable” in Part 14 of the judgment is “(s).” (The Defendant asserts to the effect that the instant contract only guarantees A’s obligation to pay for the goods to the Defendant that may arise after the contract, but according to the language and text of the instant contract or the written evidence No. 16, the instant contract is deemed only to secure A’s past and future payment for the goods that are not accrued.”

From 10th to 16th of the judgment of the first instance court, the 11th to 16th of the same page are as follows.

However, A’s financial status has deteriorated from April 2013, and accordingly, A had delayed the performance of the obligation to pay for the goods to the Defendant, and the amount of the obligation to pay for the goods to A was increased to KRW 2 billion at the time of entering into the instant contract. The instant contract secured not only the obligation to pay for the goods to be additionally supplied by the Defendant, but also the obligation to pay for the goods unpaid prior to the instant contract, as seen earlier. In full view of the overall purport of the statements and arguments stated in subparagraphs 5 through 12, 15-1, 2, 10, 10, 14-1, 15-1, 2, 10, 10, and 14-2, other than the Defendant, the Plaintiff also supplied the goods returned to A by Nom and Won Steel Co., Ltd., Ltd. from March 2014 to April 2014, the date of entering into the instant contract. In particular, the original Steel Co., Ltd. failed to receive the payment from A, Ltd.

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