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(영문) 서울고등법원 2015.11.10 2015나4735
대여금
Text

1. Pursuant to the second preliminary claim expanded in the trial after the judgment of the first return, the defendant shall be entitled to the plaintiff 1,678,396.

Reasons

1. Scope of the judgment of this court;

A. In the first instance trial, the Plaintiff asserts that the Defendant acquired the right to implement the development project of A Co., Ltd. (hereinafter referred to as “A.”). On November 28, 2006, the Seoul Central District Court declared bankrupt and appointed a trustee in bankruptcy on November 28, 2006, and sought the fulfillment of the obligation to accept the Plaintiff’s loan and the obligation to lend part-time payments (the principal and interest of the loan shall be borne by the Defendant pursuant to Article 4(3) of the instant Business Convention), and the conjunctively claimed for compensation for losses equivalent to the Defendant’s business cost and the amount equivalent to the part-time loan due to the Defendant’s failure to perform the obligation to accept the project and the obligation to complete the responsibility under the development project agreement.

B. The court of first instance dismissed all the Plaintiff’s claims, reduced the Plaintiff’s claims while filing an appeal, and the first instance court dismissed all Plaintiff’s appeals and maintained the first instance judgment.

Therefore, the plaintiff filed an appeal, and the Supreme Court dismissed the appeal against the plaintiff's main claim, and reversed the appeal against the conjunctive claim only, and the judgment against the plaintiff as to the main claim became final and conclusive by the first remand judgment, and only the conjunctive claim continues to exist in the trial.

C. After the judgment of first remand, the Plaintiff extended the preliminary claim as follows with the statement of the application for extension of claim filed in April 19, 2010, which was submitted to the second instance court prior to the second remand.

1) Claim 1: Claim 2 for damages equivalent to the principal and interest of the project cost incurred due to the Defendant’s nonperformance of the obligation to accept the project execution (based on principal amount, KRW 35,941,122,60) : The Defendant’s primary obligation to accept the project execution right is fulfilled and the Defendant’s primary obligation to complete the project.

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