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(영문) 서울고등법원 2014.10.31 2013나42757
대여금 등
Text

1. All the appeals by the Plaintiff (Appointed Party) and the incidental appeals by Defendant B, G, and Defendant C and E are dismissed;

2...

Reasons

1. In the first instance trial, the Plaintiff (Appointed Party) or the Appointed Party A (hereinafter “Plaintiffs”) asserted that “the Plaintiff and the remaining Appointors together with the Plaintiff are jointly and severally liable to pay KRW 50 million to the Plaintiff, etc., KRW 30 million, and damages for delay.”

As to this, the court of first instance dismissed the Plaintiff’s claim against Defendant D in entirety, and ② as to the remaining Defendants, the Defendants are obligated to pay money to the Plaintiff, etc., but the said Defendants’ obligations are divided obligations, and partly accepted the Plaintiff’s claim and dismissed the remainder of the claim.

As to this, the Plaintiff appealed against all the Defendants: (a) Defendant B, G, C, and E appealed against the claim for damages for delay; and (b) Defendant D, and F appealed against the entire part against the said Defendants; and (c) Defendant D and F did not appeal. Therefore, in the case of Defendant B, G, C, and E, the entire claim of the Plaintiff becomes subject to the adjudication of this Court; (b) in the case of Defendant D and F, only the “claim for damages for delay” is subject to the adjudication of this Court.

2. Facts of recognition;

A. The parties concerned 1) O reconstruction association (former K stores' reconstruction association; hereinafter "the reconstruction association of this case")

around June 2008, the Seocho-gu Seoul N (hereinafter referred to as the “instant project site”) shall be the project site.

It is a non-corporate body that is established for the purpose of reconstruction of the first floor, the fourth floor above ground as the 6th underground and the commercial building above the 11th floor above the ground.

Plaintiff

In addition, Defendant B, C, D, E, and F are members of the reconstruction association of this case; Defendant G purchased some of the shares in the project site of this case on March 31, 201 and became members of the reconstruction association of this case after purchasing some shares in the project site of this case.

Defendant B and C shall be the instant case.

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