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(영문) 대전고등법원 2017.08.17 2016나13886

채권조사확정재판에 대한 이의의 소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The court of first instance accepted part of the Plaintiff’s claim and dismissed the remainder of the claim.

Therefore, since only the plaintiff appealed against the above part of the loss, the scope of the trial of the party shall be limited to the part against which the plaintiff lost in the first instance.

2. The reasoning for admitting the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for determining the parts added as set forth in the following paragraph (3) and the Plaintiff’s assertion added in the court of first instance. As such, the relevant statement, including the attached Form, shall be cited pursuant to the main sentence of Article 420 of

3. Determination as to the Plaintiff’s assertion in addition and in the trial room

(a) The addition of the portion in the judgment of the first instance to the 7th line shall be deemed to include the following three lines:

According to the evidence Nos. 13-1 through 3 and 19-1 through 3 of the evidence Nos. 13-3, the plaintiff and B submitted the defendant at the time of the request for the reduction of and exemption from the debt of this case to the defendant at the time of the request for the reduction of and exemption from the debt of this case. ② According to the evidence No. 1 of Eul, the plaintiff and B submitted the "the certificate of taxation (tax payment)", ② The plaintiff's request for the reduction of and exemption from the debt of this case is currently in office, and it is confirmed that there is no property owned, trusted, or acquired except the property stated in the statement of property (attached Form 1)," and attached to the above request form [Attachment 1] stating that "it is confirmed that there is no omission or false in the detailed statement, and if necessary for the verification of authenticity of the statement (including the closure of reduction and exemption), you agree to conduct property investigation and listen to it." In light of these facts, the plaintiff and B had the most important consideration in the reduction of and exemption from the debt of this case."

B. Judgment on the Plaintiff’s assertion in the trial room 1.