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(영문) 서울고등법원 2019.01.17 2017나2053928
보증채무금
Text

1. The judgment of the first instance court, including a claim that has been reduced and expanded by this court, shall be modified as follows:

Reasons

Basic Facts

The reasons stated in this part are as follows, except for the following, the corresponding part of the reasoning of the judgment of the court of first instance (3 12 to 6 pages 16) is the same as that of the reasons for the judgment of the court of first instance. Thus, this part is cited in accordance with the main sentence of Article 4

Defendant B used Defendant B as Defendant Q Q Co., Ltd. (the trade name of August 25, 2016 was changed from Q Q Co., Ltd. to Q Co., Ltd.; hereinafter the same shall apply), and the remainder of Defendant B was changed to Defendant Q Q.

The June 1st of the first instance judgment "10,000 shares" shall be written with "10,000 shares (hereinafter referred to as "the shares of this case")".

The 6th half of the judgment of the first instance court " June 1, 2015" shall be applied to " June 10, 2015".

The 6th parallel of the first instance judgment “1” and the 8,9th parallel of the said 4th parallel of the said judgment shall be deleted. The amount is KRW 29,768,287 as of November 20, 2015.

“The amount” is KRW 119,154,658 as of June 12, 2018.

"Flags".

The following shall be added to the 6th 14th tier of the first instance judgment:

H. On September 22, 2015, D filed a lawsuit against the Plaintiff seeking revocation and cancellation of the instant contract on the ground of the Plaintiff’s deception, etc., and restitution therefrom. On November 25, 2015, the Plaintiff filed a counterclaim against D seeking the instant promissory note payment, etc.

[Seoul An District Court 2015 Gohap560368 (main office), 2015 Gohap574213 (Counterclaim) (hereinafter “related case”). In the relevant case, the first instance court dismissed D’s main office claim and accepted most of the Plaintiff’s counterclaim claim, which is pending in the appellate court as of the date of closing argument after having filed an appeal by D.

[Seoul High Court 2017Na2053904, 2017Na2053911, 6th 15, and 16th 16th 16th 200 of the judgment of the first instance, "Evidence No. 6, 7, 120 of the evidence No. 110 of the evidence No.

The above facts are found with respect to the five remaining claims for the cause of the claim.

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