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(영문) 대전고등법원 2017.06.22 2016나13145

채권조사확정재판에 대한 이의의 소

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is identical to the ground of the judgment of the court of first instance, except for the dismissal of part of the grounds of the judgment of the court of first instance as described in paragraph (2) below. Thus, this shall be

(1) The court of first instance, which rejected the defendant's assertion and partly accepted the plaintiff's claim, even if the evidence submitted at the court of first instance and the court of first instance do not differ significantly from that of the defendant's appeal. The court of first instance, which has accepted part of the plaintiff's claim, is justified. 2. The court of first instance, which has accepted part of the plaintiff's claim, may exercise the right to request the delivery of shares, "the plaintiff may exercise the right of subrogation," 6. 8. " Therefore, it is possible to seek a trial to confirm that the plaintiff's rehabilitation claim against the defendant corresponds to the amount of the acquisition price that the defendant returned to F. . . . 4. "P" from the 8. 10th to the "H," 10th to the "in custody," 11th to the "the shareholder of this case," 12th to the "interest of this case, 12th, 67th to the plaintiff," and 16th to the plaintiff's "the plaintiff's claim for unjust enrichment 12. . . . . . . . . . . . . ....... . . . . . . ."

3. Conclusion, the first instance judgment is justifiable.

The defendant's appeal is dismissed. It is so decided as per Disposition.