파산채권조사확정결정에대한이의
1. Of the judgment of the court of first instance, it falls under the part that confirms the Plaintiff’s bankruptcy claim additionally.
1. The plaintiff is a bankruptcy claim against the debtor company in the first instance court, and ① KRW 900 million (related to the evidence No. 2 and 3 of this case); ② claims for compensation for damages or claims for sale price return for the amount of KRW 996 million acquired by deceit as the proceeds from the sale in lots of the commercial building of this case; ③ claims for loan amounting to KRW 980 million (related to evidence No. 4, 5, 15, 16, 35, 36 of this case); ④ Daren belt, K, K, and L related claim for sale price refund amounting to KRW 280,000,000,50,000,000 and KRW 384,000,000,000 in total and KRW 18,000,000,000 in total, and the court of the first instance dismissed the remainder of the above claims amounting to KRW 16,60,000,00.
Since the defendant did not appeal the whole part against the plaintiff and only the plaintiff appealed, the scope of the judgment of this court shall be limited to the above ① KRW 400 million (related to the evidence No. 3) among the above claims, ② KRW 390 million among the above claims, and ③ to 6 above claims.
2. Basic facts and the plaintiff's assertion are stated in the corresponding part of the reasoning of the judgment of the court of first instance.
(The main text of Article 420 of the Civil Procedure Act). 3. It is clear that the stamp image in the name of the debtor company in each of the above documents is not based on the corporate seal of the debtor company (the same as the evidence No. 9-4 and No. 1) based on the judgment on the formal evidence evidence evidence of No. 3-6.
However, in the case of Gap evidence 3 (cash custody certificate) and Gap evidence 4 (Evidence No. 4), the witness of the first instance court, who was employed as a regular director in charge of the debtor company, testified to the effect that "W prepared each of the above documents under the direction of Eul who was the representative of the debtor company, and affixed the seal of the employee who was employed in the ordinary course of the above documents," and all of the statements and arguments of Gap evidence No. 7, 8, 14, 45-54, and Gap evidence No. 10-7.