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(영문) 광주고등법원(전주) 2015.01.29 2014나50
손해배상(기)
Text

1. All appeals filed by the Plaintiff (Appointed Party) against the Defendants are dismissed.

2. The appeal costs.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the following part of the judgment of the court of first instance is modified, and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. From the judgment of the court of first instance, the part which was dismissed, “the plaintiff did not file a motion to resume the lawsuit against the administrator H in this case, and according to this, the plaintiffs cannot seek confirmation of rehabilitation claims by filing a motion to resume the lawsuit against the defendant Nam-gu manager of the rehabilitation company, due to the lapse of the limitation period. Thus, the lawsuit of this case for which the plaintiffs seek damages against the defendant Nam Nam-gu where the benefit of applying to resume the lawsuit has ceased to exist, shall be deemed unlawful, as follows.”

The plaintiff and the designated parties did not take the procedure of taking over the litigation of this case against the administrator H, who is the plaintiff, within one month from the special inspection date, and only the administrator H applied for taking over the litigation of this case on August 26, 2014. Accordingly, the lawsuit of this case is unlawful since the plaintiff and the designated parties cannot seek confirmation of the above rehabilitation claim since the lawsuit of this case constitutes a case where a request for taking over the litigation of this case is made after one month from the special inspection date of the plaintiff and the designated parties.

3. In conclusion, the plaintiff's lawsuit against the administrator H of the defendant rehabilitation debtor Nam-dong Corporation against the defendant rehabilitation debtor is dismissed, and the claim against the defendant Eul-dong Corporation is dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal against the defendants is dismissed as it is without merit. It is so ordered as per Disposition.

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