추심금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the court's explanation concerning this case is as follows, except for the addition of a part of the judgment of the court of first instance or the addition of the court's decision in this case under paragraph (2) below, and therefore, it is identical to the part of the reasons in the judgment of the court of first instance. Thus, it is acceptable in accordance with the main sentence of Article
The following shall be added under the third list of the judgment of the court of first instance:
“E. The Defendant, on December 10, 2018, received a decision of commencement of rehabilitation as Seoul Rehabilitation Court 2018 Ma100256, and the Defendant’s representative director L was appointed as a custodian of the rehabilitation debtor B and took over the instant lawsuit, but the Defendant was notified of the decision of completion of rehabilitation procedure on July 11, 2019, and subsequently taken over the instant lawsuit.”
2. Additional matters to be determined
A. Comprehensively taking account of the facts of recognition of the legality of the instant appeal as well as the overall purport of each of the aforementioned evidence, the fact that the judgment of the first instance was rendered on November 23, 2018 and the original copy of the judgment was served on the Defendant on November 28, 2018, and that the Defendant received a decision on the commencement of rehabilitation procedures on December 10, 2018, which was within the period of appeal, and that the custodian B, a rehabilitation obligor B, filed a petition of appeal with the first instance court on January 29, 2019, respectively.
When a decision on commencement of rehabilitation procedures has been rendered, the litigation procedures on the debtor's property shall be suspended (Article 59 (1) of the Debtor Rehabilitation and Bankruptcy Act), the interruption of litigation procedures shall suspend the progress of the period and the whole period shall newly progress when the takeover of the litigation procedures has been notified (Article 247 (2) of the Civil Procedure Act). The defendant's appeal period against the judgment of the first instance against the defendant was suspended due to the decision on commencement of rehabilitation procedures against the defendant on December 10, 2018, and the progress of the period was suspended. The appeal period is again proceeded on January 29, 2019 when the receiver of the debtor B submitted the application for taking over the litigation procedures.