손해배상(기)
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The fact-finding and judgment of the first instance court are justified in view of the evidence submitted by the Plaintiff to this court by the court of first instance as evidence submitted to the court of first instance as evidence No. 46 to 54.
Therefore, the reasoning of this court's judgment is as follows, except for the cases where the third to third to third to third to third to third to third as follows, and the reasons for this court's judgment are as follows, and therefore, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act. The part used after the correction is made.
B. (1) Determination 1) Article 56 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) provides that “When a decision is rendered to commence rehabilitation procedures, the authority for the performance of the debtor’s business and the management and disposal of the debtor’s assets shall belong to the exclusive jurisdiction (paragraph (1)) to the trustee. The debtor’s director who is not an individual debtor or an individual shall not infringe on the trustee’s right under paragraph (1) or unfairly participate in the exercise of such right (Paragraph (2).” Thus, the debtor does not have the right to manage and dispose of the assets,
In addition, as a matter of principle, rehabilitation claims need to be reported (Article 156(1) of the Debtor Rehabilitation Act), and individual rights that are not subject to rehabilitation procedures are prohibited, and in addition, only repayment may be made according to the rehabilitation plan (main sentences of Articles 131 and 58 of the Debtor Rehabilitation Act). This purport is to prohibit the debtor from freely arranging or disposing of assets and to entrust the trustee with the right to manage and dispose of assets in a fair and reasonable manner, and at the same time, to prohibit the rehabilitation creditor from participating in the rehabilitation procedure without resorting to the rehabilitation procedure by giving them only to the trustee with respect to the liquidation of the assets. Therefore, in order to meet the purport, the rehabilitation creditor shall preserve the claims against the