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(영문) 서울고등법원 2018.10.24 2018나2021188
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

In the first instance court, the plaintiff filed a claim for damages due to each illegal act (in the first instance court's claim) and the claim for the discharge of surety obligation (in the first instance court's claim), with respect to KRW 130,900,000 for the first credit sales credit loan, and KRW 78,100 for the second credit sales credit loan, and the judgment of the first instance dismissed all the above surrounding and conjunctive claims.

Of the part against the plaintiff in the judgment of the court of first instance, the plaintiff appealed only to the main claim and the ancillary claim about KRW 130,900,000 for the secured loan of the first credit sales claim.

Therefore, the scope of the judgment of this court is limited to the primary claim and the conjunctive claim about KRW 130,900,000 for the first credit sales credit loan.

The reasons for this Court concerning this case are as follows: ① “1, 209,000,000 won in aggregate of the loans on security of credit security of credit security of credit security of the first, the second, 17, and 18 of the judgment of the first court” are as follows: ② “1,30,900,000 won in the third, 192,000 in the fifth,” and ② “192,00,000 won in the third, 130,90,000 in the fifth,” and ③ the argument of the plaintiff additionally made by this court is as stated in the reasons for the first, except for adding the judgment as described in the second, 3.00,000 won in the second, the same shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Additional Judgment

A. The “the maturity date in the case of a bill, etc.” in Article 3 subparag. 5 of the Terms and Conditions of this case does not apply to the case where a bill, etc. is issued to pay the subcontract price after a subcontractor fails to pay the subcontract price due to his/her default, and subsequent to the failure of the subcontractor to pay the subcontract price to the Plaintiff, he/she issued the first credit sales claim security loan claim within the guarantee period for the payment of the debt. Thus, the Defendant cannot be exempted from the guarantee obligation for the above loan.

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