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(영문) 서울고등법원 2018.07.10 2016나2010085

위탁관리비

Text

1. The Plaintiff (Counterclaim Defendant) includes any claims added by this Court and any conjunctive claims added by the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. As to this part of the facts admitted by the court, except for the following modifications, the reasoning of the judgment of the court of first instance is the same as that of Paragraph 1, and thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act

The part to be corrected shall be amended by all the "defendants" coming from paragraph (1) of the reasoning of the judgment of the court of first instance to "viable debtor".

The 15th and 16th parts of the judgment of the first instance shall be amended as follows:

G. On April 3, 2017, after the judgment of the first instance court of the instant case was rendered, the Daejeon District Court rendered a decision to commence rehabilitation procedures by 2017 Gohap506 on April 3, 2017, and the Defendant was appointed as a joint manager.

2) On June 7, 2017, the rehabilitation claim reporting period under the above rehabilitation procedure, the Plaintiff reported the total amount of 943,205,037 won [the principal amount = 847,417,232 won] and damages for delay up to 95,787,805 won per annum from April 3, 2017 to 15% per annum. However, the Defendant filed an application with the court for revocation of the entire rehabilitation claim (Evidence A, No. 45, No. 7) on the ground that the above rehabilitation claim is in the process of a lawsuit, on the ground that the Defendant’s payment of principal principal amount was 14,537,259 won, 79 won, 797,67778 won, which was the end of the above rehabilitation claim, and the Plaintiff filed an application with the court for revocation of the rehabilitation claim under the above rehabilitation procedure within 201.37 months from the end of the 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, 18, 19, 21, 43 through 45 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 2 and 20, and the purport of the whole pleadings

2. Judgment on the plaintiff's main claim

A. Money by the agreement of this case