(영문) 서울고등법원 2018.09.13 2017나2050547

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(영문) 서울고등법원 2018.09.13 2017나2050547

손해배상(기)

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1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in the first instance court’s reasoning, except for the parts which are dismissed or added as stated in the second instance court’s decision, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2.Nos. 10 and 11 of the decision of the court of first instance shall be followed by the following:

G on May 31, 201, at Defendant Nonghyup F Branch, applied for a loan of KRW 450 million to Defendant Nonghyup as the debtor, and on the same day, the Plaintiffs provided the instant real estate to Defendant Nonghyup as the collateral for the said obligation.

Part 6 of the judgment of the court of first instance is not more than 18.

4. Additional determination

A. The plaintiffs' assertion emphasizes or add the following arguments following the first instance court.

1) The Plaintiffs received the instant loan from Defendant Agricultural Cooperative in the name of Nonparty G, and Defendant Nonghyup was aware of the fact that the Plaintiffs was the actual debtor, and thus, Defendant Nonghyup did not perform its obligations under the loan contract that the Plaintiffs should deposit the instant loan to the Plaintiffs or ultimately belong to the Plaintiffs. Defendant Nonghyup did not perform it even though it did not perform its obligations upon the request of the Plaintiff A.

B. First of all, as to the assertion that Defendant Nonghyup violated the obligation under the loan agreement of this case, the obligation to pay the loan of this case to G is established between G and Defendant Nonghyup unless there are special circumstances, and Defendant Nonghyup bears the obligation to pay the loan of this case to G, as stipulated in the loan agreement of this case, unless it is alleged that Defendant Nonghyup applied for the loan of this case to itself as the debtor, and Defendant Nonghyup accepted this case and executed the loan of this case.

On the other hand, the plaintiffs.

참조조문

-민사소송법 제420조

유사 판례

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