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(영문) 부산고등법원(창원) 2020.04.23 2018나10565

손해배상(기)

Text

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

2. The Plaintiff’s total costs of litigation.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows: (a) the Plaintiff and the Defendant in the 15th page No. 4 of the judgment of the court of first instance are dismissed as “the Defendant,” and (b) except for the addition as follows, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. On the second and second sides of the judgment of the first instance, the addition shall include the following:

A person shall be appointed.

D. On July 2, 2018, while continuing the instant appellate trial, the Seoul Rehabilitation Court decided to commence rehabilitation proceedings against the Plaintiff by 2018 Mahap10060. At the time, the F, a representative director of the Plaintiff, was appointed as a custodian, and the rehabilitation proceedings were concluded on December 11, 2018.

E. On November 12, 2018, while the appellate court of this case was continuing, the decision was rendered against the Defendant on November 12, 2018 by the Changwon District Court 2018 Ma1057, G at the time when the Defendant’s representative director was appointed as a custodian, and the rehabilitation procedure was completed on February 13, 2020.

F. The Plaintiff reported the Plaintiff’s claim 497,446,00 won as rehabilitation claim, as seen earlier in the above rehabilitation procedure against the Defendant. At the time, the manager G raised an objection against the said claim.

[The grounds for recognition] No. 2 of the judgment of the court of first instance is added to “No. 5 and No. 6” column. The following is added to “No. 3 of the judgment of the court of first instance.” Accordingly, rehabilitation claims against the Plaintiff’s debtor corporation B should be determined at KRW 497,446,00,00.”

3. Accordingly, the plaintiff's claim that was changed in exchange in this court is dismissed as it is without merit.