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(영문) 서울중앙지방법원 2018.08.20 2017나83333
대여금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument of the court of first instance. According to the evidence duly adopted and examined by the court of first instance, the fact-finding and judgment of the court of first instance are justified.

Therefore, the reasoning for this court’s explanation is as follows, except for the defendant’s argument emphasized in the trial of the trial of the trial of the trial of the trial of the court of first instance as stated in the reasoning of the judgment of the court of first instance. Thus, this court’s explanation is cited by the main text of

2. Additional determination

A. (1) The summary of the Defendant’s argument regarding joint and several liability due to the division and merger of the company is that the Defendant divided and merged the part of the electrical construction business of Yangyang Co-Defendant Co-Defendant, Ltd., Ltd. (hereinafter “Dongyang”); and the Defendant agreed with the Yang me to succeed only to the obligation of the above electrical construction business among the obligation of Yang Yang Megrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr

(2) In order for a divided company to be divided to avoid joint liability pursuant to Article 530-9(1) of the Commercial Act and to form a divided debt relationship with which only the company is liable to pay its obligations to be borne by each party in its original agreement of the written agreement of the merger after division, the written agreement of the merger after division stating the purport that only the company is liable to pay its obligations with respect to its invested assets from among its obligations to be divided by the company to be divided shall be prepared and approved by the general meeting of shareholders (Article 530-9(3) and (2) of the Commercial Act, the latter part of Article 530-9(2) of the Commercial Act,

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