(영문) 서울고등법원 2009. 6. 5. 선고 2009나10791 판결[회생채권조사확정재판에대한이의][미간행]
Plaintiff Limited Liability Company
Intervenor Co., Ltd. (Attorney next-hwan, Counsel for the intervenor-appellant)
Defendant (Law Firm Jin, Attorney Lee Jae-in, Counsel for the defendant-appellant)
May 13, 2009
Seoul Central District Court Decision 2007Gahap82849 Decided December 18, 2008
1. The plaintiff's successor's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff’s Intervenor.
The judgment of the first instance is revoked. The final claim inspection judgment of the Seoul Central District Court No. 2007Ma55 on August 10, 2007 shall be modified as follows. The rehabilitation claim of the plaintiff against the defendant corporation is 28,670,000 won and the final claim inspection judgment of the defendant corporation are finalized.
The reasoning for the court’s explanation concerning this case is as stated in the reasoning for the judgment of the court of first instance, except where “ March 28, 2008” in Section 2 of Part 3 of the judgment of the court of first instance is “ March 25, 2008.” Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The grounds alleged by the Plaintiff’s Intervenor are difficult to accept.
Therefore, the judgment of the first instance court is justifiable, and it is so decided as per Disposition by the assent of all participating Justices on the appeal.
Judges Jo Hee-de (Presiding Judge)