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(영문) 광주고등법원(전주) 2016.10.27 2016나221
배당이의
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the court should explain this part of the facts of recognition are as follows: (a) in addition to using “the plaintiff” as “the defendant” in Chapter 7 of the judgment of the court of first instance, the corresponding part of the reasoning of the judgment of the court of first instance is identical to the corresponding part of the judgment of the court of first instance; and (b) cite it as it is in accordance

2. Judgment on the main claim

A. The gist of the Plaintiff’s assertion: (a) Newyang Development did not delay the principal and interest of the instant loans 1 and 2; and even if the principal and interest of each of the above loans were in arrears, the Defendant’s demand notice, etc. is required in order to claim a loss of benefit within the given period; and (b) the Defendant did not take any procedure, and thus, it cannot be said that the benefit of each of the above loans was lost.

② Even if the new development did not pay interest on the loans 3 and 4 of this case, the benefit of time was restored since the Defendant received a repayment in installments from the new development thereafter. Thus, it cannot be said that the benefit of time for each of the above loans was lost.

③ The Defendant notified the Defendant of the loss of the benefit of November 28, 2008 due to the nonperformance of the new development at the time of the instant arrangement for corporate improvement, and even if there were grounds for the loss of the benefit of time on August 3, 2011 upon D’s application, it cannot be said that the notification of the loss of benefit of November 28, 2008 cannot be restored because the suspension of the instant order for corporate improvement was not retroactively extinguished due to the suspension of the instant order for corporate improvement, and the special agreement for the loss of benefit of time under the instant additional agreement for corporate improvement or the instant agricultural credit transaction agreement (hereinafter “instant agreement”) should be deemed as the special agreement for the loss of the benefit of time under the formation right. The Defendant did not take any procedure such as a peremptory notice for performance to the effect of the loss of the benefit of time due to the above reasons.

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