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(영문) 서울고등법원 2015.04.03 2014나47063

물품대금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

With respect to this case, this court's use is identical to the entry of the reasoning of the judgment of the first instance except for the addition or dismissal of the corresponding parts as follows. Thus, this court's use is citing it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The following shall be added between the third and third parts of the judgment of the first instance:

As the decision of commencement of rehabilitation proceedings against the Plaintiff on November 16, 2012 was rendered by Suwon District Court 2012 Gohap65, the Plaintiff filed an application for a lawsuit on June 17, 2013 with the Plaintiff’s representative as a custodian pursuant to Article 74(4) of the Debtor Rehabilitation and Bankruptcy Act. As the decision of discontinuation of rehabilitation proceedings was finalized on October 15, 2013, the Plaintiff again filed an application for a lawsuit for a lawsuit on April 24, 2014, according to the decision of discontinuation of rehabilitation proceedings on October 15, 2013.

2. In conclusion, the judgment of the court of first instance is legitimate, and all appeals by the Defendants are dismissed as it is without merit. It is so decided as per Disposition.