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(영문) 서울고등법원 2015.02.05 2014나26172
어음금
Text

1. Of the judgment of the first instance court, the part against the Defendants in the judgment is modified as follows.

The plaintiff was merged with the defendant 1.

Reasons

1. Basic facts

A. 1) A Co., Ltd. (hereinafter “E”) (hereinafter “E”) enter into a loan agreement and an agreement on acquisition of loan claims;

) The land, including Seoul Jongno-gu Seoul and eight parcels (hereinafter referred to as “instant project site”).

b)the business of constructing ice buildings and commercial facilities and selling them to third parties (hereinafter referred to as the “instant business”).

(B) is a company established on January 19, 2010 for the enforcement of the Act. Co-Defendant B of the first instance trial (hereinafter referred to as “B”).

(2) On January 26, 2010, G was merged with P Co., Ltd. (hereinafter “Defendant A”) as of August 1, 2014 with the purpose of lending funds to E, managing, operating and disposing of loans and all rights related thereto, etc. temporary borrowing of funds necessary for corporate commercial paper issue and redemption of corporate commercial paper, concluding and amending contracts necessary for the performance of each of the above tasks, making investments in surplus funds, and making operations incidental to each of the above tasks. (2) E, B, and A (hereinafter “Defendant A”)’s managers were merged with P Co., Ltd. (hereinafter “Defendant A”) as of August 1, 2014, and on the same day, the company’s trade name was changed to “Co., Ltd.”; hereinafter “Defendant A”) as of January 26, 2010, “E obtained loans of KRW 65 billion from B to procure the project funds of this case, and paid the above loans and its incidental assets to secure the above loans and its collateral assets (hereinafter “the above agreement”).

The present arrangement is a loan claim held by B against E under the instant loan agreement and a personal and material security for securing it, and any other ancillary thereto.

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