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(영문) 서울고등법원 2019.07.19 2018나2056474
매매대금
Text

1. The plaintiff's appeal and the defendants' incidental appeal are all dismissed.

2. The costs of appeal shall be borne by each party.

Reasons

In this case, where the plaintiff and the defendants have the same assertion in the first instance court even in the trial, the reasons to be stated by this court are as stated in the reasoning of the judgment of the first instance court, as well as in the protocol of the reasoning of the judgment of the first instance court, and thus, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act, since the reasons to be stated by this court are the same as the stated in the reasoning of the judgment of the first instance court other than the mentioned in the following two paragraphs. In addition, in the part of the timely entry,

③ On the agenda of the 7, 9, 11, and 12 of the Council of this case, the following facts are stated: “The matters not separately determined on the agenda shall follow the agenda of the Council of this case which has already been resolved,” and each resolution made in the private workout program, such as the joint management proceeding of this case, is valid until the completion of the joint management proceeding, unless there is a resolution to modify or abolish the matters already resolved, not individually or temporarily effective, and as long as there is no resolution to modify or abolish the matters already resolved, it is reasonable to deem that the resolution is valid until the date of the joint management proceeding of this case is completed. In addition, the Plaintiff voluntarily stated that “the disposal of the Plaintiff’s right to claim purchase against the Plaintiff who has opposed to the agenda of the 12th Council shall comply with the resolution set forth in the

(1) In light of the circumstances such as Paragraph (1), the Plaintiff consented to the part of the 11st agenda of the instant Council that “calculated the purchase price of claims by opposing creditors based on the liquidation value computed by J Accounting Firm” among the 1 through 11th agenda of the instant Council, by consenting to all the matters of the 12th agenda of the instant Council, which were adopted before the opposition to the 12th agenda of

In this respect, it is based on the liquidation value computed by the J Accounting Corporation among the first or first agenda of the Council.

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