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(영문) 서울고등법원 2018.12.14 2018나2044884
양수금
Text

1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is delivered with paragraph (1).

Reasons

1. The reasoning of the judgment of the court of first instance citing the reasoning of the judgment is that the “instant lawsuit” under subparagraph 7 of Article 4 of the judgment of the court of first instance is dismissed as “transfer litigation,” and it is identical to the reasoning of the judgment of the court of first instance, except for the addition or supplementary decision as follows with respect to the part asserted as the grounds for appeal by the defendant as the grounds for appeal, and thus, it is acceptable as

2. Additional or supplementary judgment

A. The summary of the grounds for appeal 1) The defendant was detained and detained in the medical institution on April 19, 1996 and released on March 13, 1998 upon the completion of the sentence execution, and there was no notification that the defendant would pay the outstanding amount after September 30, 1994 when the bill endorsed by the defendant was in default. The Industrial Bank of Korea does not have any notification that the defendant would pay the outstanding amount after September 30, 1994. The Industrial Bank of Korea shall file a lawsuit in the same cause of claim as the attached Form with the Seoul Central District Court (97Da71478, hereinafter “the first lawsuit”).

(2) Upon receipt of a favorable judgment, the above judgment became final and conclusive, and there is no validity. 2) The Defendant endorsed on the Promissory Notes issued by B (the issue date, June 30, 1994, the payment date, September 30, 1994). When the payment of the said Promissory Notes was refused on the payment date, the Industrial Bank of Korea approved the substitute payment by making B endorsement on the Promissory Notes issued by Co-Defendant D in the first lawsuit, and thereby, the Defendant’s liability for the Promissory Notes ceased to exist.

B. Determination 1) The Industrial Bank of Korea, on June 30, 1994, pursuant to the loan agreement of discount notes issued by Co-Defendant D (the face value of KRW 50 million, the due date, September 30, 1994, and the Fisheries Cooperatives at the place of payment) extended a loan of KRW 50 million to B with the endorsement of the promissory notes issued by Co-Defendant D (the face value of KRW 50 million, the due date, September 30, 1994, and the above loan obligations of the Defendant and C were jointly and severally guaranteed.

B. The Bank shall make the said promissory note on the payment date.

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