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(영문) 서울고등법원 2020.06.17 2019나2056716
약정금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the court of first instance’s acceptance of the judgment is as follows. The Defendants’ assertion added “2. Additional Judgment” to the allegations added by this court is identical to the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The third 15th collateral security is referred to as “instant collateral security”.

The following shall be added to the table of the fourth page:

D. On November 8, 2019, the Plaintiff subrogated for the payment of the loan amounting to KRW 3,014,074,247 (i.e., the principal of the loan amounting to KRW 3,000,000,000, and KRW 11,113,314 interest rateing to KRW 2,030 interest rateing to KRW 2,958,903). The Plaintiff’s subrogated for the payment of the loan amounting to KRW 3,01,113,314 interest rateing to KRW 2,90 (which is the ground for recognition) is added to

under paragraph 4 above, the term “in primely,” shall be added to the front part of the two lasts.

The following shall be added between the 5th one and the 2nd one:

“Preliminary, the Plaintiff, on November 8, 2019, subrogated for KRW 3,014,074,247 of the Defendant Company’s loans to H Co., Ltd., and the Defendants are obligated to pay to the Plaintiff the agreed amount of KRW 2 billion in accordance with the instant performance note among the said money, and the damages for delay thereof, as the amount for reimbursement (the Plaintiff added the conjunctive claim to this Court).

(5)The following shall be added to the last sentence of "the fifth:

“4) As to the ancillary cause of claim, the Defendants have formally signed as the obligor of the above loan or as the joint surety, and the net G bears the obligation of the loan as the actual obligor between the Plaintiff and the network G.

As a result, the plaintiff paid a loan on behalf of the deceased G, so the person liable for compensation against the plaintiff is the deceased G.

Part 6 2 of the first 6 'Judgment on the cause of the claim'.

The judgment on the primary cause of the claim is ‘the judgment on the primary cause of the claim'.

The following shall be added between the two parallels and three parallels:

As above, the plaintiff.

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