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(영문) 서울고등법원 2019.06.05 2018나2070357
대여금
Text

1. The defendant's appeal and the request for return of provisional payment are all dismissed.

2. Expenses for filing an appeal, and those for filing an application for the return of provisional payments.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the reasoning of the judgment of the court of first instance, except where the judgment on the defendant's additional assertion is stated in the following Paragraph 2.

2. Judgment on the defendant's additional assertion

A. The Defendant’s assertion 1) A, the representative director of the Plaintiff’s conditional exemption of obligation, around November 2014, G, who was the Plaintiff’s representative director, had expressed an intention of conditional exemption. Since G, upon resolution of KRW 1.7 billion necessary for the operation of the hospital by acquiring the Defendant, the Defendant exempted the Plaintiff from the Defendant’s obligation of KRW 1.5 billion total of the principal and interest on the end of November 2014 that the Defendant owes to the Plaintiff, and the obligation of KRW 1.5 billion out of the royalties obligation. The Defendant’s obligation of KRW 1.3 billion, including the obligation of KRW 1.4 billion, is the obligation of KRW 3 billion for the Plaintiff’s representative director upon acceptance of the Defendant on January 15, 2015, and the Defendant’s expression of intent to be exempted from the obligation of KRW 300 million,000,0000,000,0000,000,000,000.

Even if the defendant cannot be viewed as a third party,

Even if the debt exemption is a sole act of the creditor against the debtor, G, which received conditional debt exemption declaration from I, the representative director of the plaintiff, shall be appointed as the defendant representative director.

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