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(영문) 서울고등법원 2018.05.02 2016나210865

물류대행료

Text

1. The plaintiff's debtor who is the assignee of the lawsuit of the defendant B, which was changed in exchange in this court.

Reasons

The reasoning of the judgment of the first instance is as follows, and the plaintiff added to the PP of the Debtor Rehabilitation Debtor Corporation B (hereinafter "Defendant P") which is the taking over of the lawsuit of the Defendant Company B, the plaintiff added the following "2. Additional determination" to the reasoning of the judgment of the first instance, and therefore, it is consistent with the main sentence of Article 420 of the Civil Procedure Act, as it is, in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(However, the judgment of the court of first instance, which became separate and conclusive, is dismissed as follows: “Defendant B” in the first instance court’s first instance court’s first instance court’s second instance court’s second instance court’s second instance court’s second instance court’s second instance court’s second instance court’s second instance court’s second instance court’s second instance court’s second instance court judgment, and “Defendant B” in the first instance court’s first instance court’s second instance court’s second instance court’s second instance court’s second instance court’s second instance court’s second instance court judgment on March 31, 2017, which was decided to commence rehabilitation proceedings as Seoul Rehabilitation Court’s second instance court’s second instance court’s second instance court’s second instance court judgment,

Part 5 of the judgment of the first instance court, "H" in Part 5 shall be changed to " Q".

Part VII through X of the judgment of the first instance court are as follows.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 through 5, and 7 (including branch numbers if there are virtual numbers; hereinafter the same shall apply)

) In the first instance judgment No. 8 of the Court Decision No. 10 of the first instance trial No. 1, 3, 8, 12, 13, and 14, “Defendant B” shall be raised to “Defendant P”.

The following shall be added between the 8th sentence of the first instance and the 11th sentence:

Defendant P is obligated to pay the corresponding amount to the Plaintiff for the following reasons, and the Plaintiff’s rehabilitation claim against the Plaintiff’s rehabilitation debtor B is sought to determine the amount of KRW 252,86,133,00,000,000,000,000.