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(영문) 서울고등법원 2019.04.12 2017나2064614

손해배상(기) 등

Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasons stated in this part are as follows: (a) the corresponding part of the judgment of the court of the first instance (the “1. Basic Facts” of the suspension of the second page) is the same as the corresponding part of the judgment of the court of the first instance (the “1. Basic Facts” of the suspension of the second page), and thus, they are cited by the main text of

[Supplementary or additional parts] Of the reasons for the judgment of the first instance, “Defendant” shall be put into “B” in accordance with the declaration of bankruptcy after the sentence of the first instance court is rendered by “B” (hereinafter the same shall apply). On the third side of the judgment of the first instance, “Seoul Yang-ju” in the second sentence shall be put into “Seoul Yang-ju Market.”

On the third page of the decision of the first instance, the following shall be added:

D. B’s bankruptcy, etc. 1) B was declared bankrupt on December 18, 2017 by Seoul Rehabilitation Court No. 2017Hau10293, and the Defendant was appointed as B’s bankruptcy trustee on the same day.

2) As asserted in the instant case, the Plaintiff filed a claim such as damages against B as a bankruptcy claim in the said bankruptcy procedure, and only the Defendant raised an objection thereto. 3) The Defendant, as a bankruptcy trustee in the first instance, took over the instant litigation procedure as a trustee in bankruptcy.

A person shall be appointed.

2. The reasoning for the court’s explanation is the same as the corresponding part of the judgment of the court of first instance (the corresponding part of the judgment on the claim for compensation for delay, hereinafter “the judgment on the claim for compensation for delay, 2.” in the upper part of the judgment of the court of first instance). Thus, this part of the judgment on the claim for compensation for delay due to defects in construction works is cited as it is in accordance with the main part of Article 420 of the Civil Procedure Act. 3. The reason for the court’s explanation is as follows, except as follows, since the corresponding part of the judgment of the court of first instance (the corresponding part of the judgment on the claim for compensation for delay due to defects in construction works, 3.

[Supplementary part] Of the nine pages of the judgment of the court of first instance, the "judgment" of the No. 8 of the judgment of the court of first instance is set forth in the first sentence.