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(영문) 대전고등법원 2015.12.23 2015나10866
약정금
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The court's explanation on this part of the facts is the same as the entry of Paragraph 1 (Basic Facts) in the reasoning of the judgment of the first instance, except for dismissal or addition of part of the reasoning of the judgment of the first instance as follows. Thus, this part of the reasoning of the judgment of the first instance is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

On the 6th to 6th of the judgment of the first instance, the action seeking the payment of the indemnity is brought by the “action seeking the payment of the indemnity.” The following details are added to the column of the 5th of the judgment of the first instance. In the event that the transferor’s duty to report Article 8 includes the implementation of the Construction Business Act and other Acts and subordinate statutes, and other serious accidents of the company, the transferor’s duty to report shall be notified to the B immediately before the contract is entered into.

If a loss was incurred to B due to a failure to notify or failure to pay debts or any other matter, a person or an individual who is in a real ownership relationship of A shall be liable for all civil and criminal liabilities as natural persons, and shall be notarized after the contract to verify it.

2. Determination on the claims against the Defendant Company before the division, the Defendant Company after the division, and Defendant F

A. The plaintiff 1) is primarily liable to pay the first judgment amount of this case to the defendant company and the defendant F after the division, as the plaintiff filed a lawsuit from the Korea Credit Guarantee Fund, and the plaintiff paid 41,558,170 won among them for the defendant company and the defendant F before the division. As such, the defendant company and the defendant F after the division are jointly liable to pay the plaintiff the first judgment amount of this case to the plaintiff as the performance of the obligation of advance reimbursement and the obligation of follow-up reimbursement.

B. Preliminaryly, the Plaintiff suffered losses from the Defendant Company and Defendant F before the division due to the Defendant’s obligation to pay the first judgment amount as above, and the time of the instant transfer agreement and the instant agreement, until January 14, 2010.

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