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(영문) 서울고등법원 2019.07.19 2018나2055358
약정금 및 손해배상 청구
Text

1. Of the judgment of the court of first instance, the Plaintiff against the net B, Defendant C, D, and E, corresponding to the amount ordered to be paid below.

Reasons

1. The reasoning for this Court’s explanation is the same as the entry of “1. Basic Facts” in the judgment of the court of first instance, except for dismissal or addition as follows. Thus, this Court shall accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Defendant B shall turn together “Defendant B” at least 3 in the third place of the judgment of the first instance court into “the network B”.

Defendant E is the wife of Defendant B, “Defendant E is the former wife of the network B” in Part 9 of the third first instance judgment.

The third box of the fourth letter box of the first instance court's decision "the land of this case is transferred," and "the land of this case is transferred," respectively.

The fifth sentence of the first instance court's ruling "No objection is raised against the loans, etc. executed by Defendant F," in the 12 and 13th sentence of the fifth sentence of the first instance court's ruling, "No objection is raised against the loans, etc. executed by the deceased F."

The 5th sentence of the first instance court's second sentence of the second letter box "Defendant M" shall be read as "Defendant C".

The following shall be added to the third [based grounds for recognition] below the seventh decision of the first instance.

A person shall be appointed.

F. On October 27, 2018, the deceased Party B’s death and the deceased Party X-Y-Y’s report on the inheritance limited recognition was pending in the instant lawsuit, and there was Defendant X-Y and Nonparty Z, the inheritor, and on January 7, 2019, the Z filed a report on the renunciation of inheritance with the Seoul Family Court on March 7, 2019 (Seoul Family Court Decision 2019Hu5063), and Defendant X-Y andY accepted the report on the refusal of inheritance on March 18, 2019, by filing a report on the refusal of inheritance with the Seoul Family Court on January 8, 2019.

(Seoul Family Court Decision 2019Ra50080). Defendant D’s commencement of simplified rehabilitation procedures and appointment of administrator, while Defendant D filed an application for simplified rehabilitation with Seoul Rehabilitation Court 2019 Madan10007, Defendant D himself/herself, pursuant to Article 74(3) and (4) of the Debtor Rehabilitation and Bankruptcy Act.

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