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(영문) 서울고등법원 2016.11.24 2016나2013770

채권조사확정재판에 대한 이의의 소

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1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be borne respectively by each party.

Reasons

1. The reasoning of the court’s explanation concerning this case is the same as that of the judgment of the court of first instance, except where the judgment of the court of first instance is used or added as stated in the following paragraph (2). Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used or added;

(a) Forms 4 to 7 of the decision of the first instance shall be followed by the following:

In the part where the debtor company's consent to the transfer of goods is indicated in the assets transfer contract entered into with the plaintiff and NO, and the assignment of claims agreement, the stamp image which is identical or difficult to distinguish between the debtor company's employee identification book and the seal imprint affixed to the corporate seal imprint certificate as above is affixed. According to each one of the above evidence Nos. 7, 9, 13, and 14-2, 3, A22, 26, and 28-1, different from the order and the certificate of the delivery of goods between the debtor company and KG, the "person who receives the supply" of each order and the certificate of the delivery of goods between the debtor company and EI is different from the debtor company's employee identification and the part where the debtor company partially overlaps with the debtor company's employee identification, and each of the relevant NO's loan and the amount of each employee's loan submitted by the △△ company to the plaintiff is difficult to easily understand each of the above documents. However, it seems difficult to recognize each of the above different documents.

(b) the same seal in accordance with Part 4 of the decision of the first instance court shall be affixed with “a seal which is not easy to distinguish or identical to the inside of the land”.

(c)as of the 29th decision of the first instance, the following shall be added:

D) The plaintiff and the defendant are "the defendant at the first date of pleading of the trial for the first instance, as to the calculation of the percentage of negligence."