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(영문) 서울고등법원 2017.05.11 2016나2044354
구상금
Text

1. The plaintiff in the first instance judgment, upon a claim that has been changed in exchange for the taking-off of a lawsuit at the trial.

Reasons

1. The reasoning for the court’s explanation concerning this part of the underlying facts is as follows, and this part of the corresponding part of the reasoning of the judgment of the court of first instance is as stated in the corresponding part of the reasoning. Thus, this is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The part of the 6th judgment of the first instance court "Korea Technology Credit Guarantee Fund" in the 5th judgment of the first instance court shall be "Korea Technology Credit Guarantee Fund of the first instance."

(b)the following shall be added between conduct 7 and 8 of the first instance judgment:

A person shall be appointed.

(k) On December 8, 2015, Defendant F of the first instance trial filed an application for adjudication of bankruptcy with the Busan District Court. On May 20, 2016, Defendant F of the first instance trial filed a petition for adjudication of bankruptcy with the Busan District Court. On May 20, 2016, the said court declared bankruptcy with respect to the said F, and appointed AD as a trustee in bankruptcy. (ii) The said AD received the lawsuit for revocation of fraudulent act and claim for restitution against Defendant F of the instant lawsuit filed by the Plaintiff Fund, among the instant lawsuit filed by the Plaintiff Fund at the trial, and subsequently changed the said part of the lawsuit to the lawsuit for revocation under the Debtor Rehabilitation Act.

(l) On December 8, 2015, Defendant G G of the first instance trial filed an application for adjudication of bankruptcy with the Busan District Court on December 8, 2015. On May 20, 2016, the said court rendered a bankruptcy declaration against Defendant G of the first instance trial as the above court No. 2015Hadan2786, and appointed AD as the trustee in bankruptcy. (ii) The said AD received the lawsuit for revocation of each fraudulent act and restitution claim against Defendant C, H and I among the instant lawsuit brought by the Plaintiff Fund at the trial, from among the instant lawsuit brought by the Plaintiff Fund, and then changed each of the said parts to the lawsuit for denial under the Debtor Rehabilitation Act.

A person shall be appointed.

(c) Article 12 of the Court of First Instance 8 of the Court of First Instance “Evidences 1 through 10, 14 through 20 of the Court of First Instance” shall be written with “Evidences 1 through 10, 14 through 22 of the Court of First Instance.”

2. The part of Plaintiff F’s bankruptcy trustee’s claim against Defendant D

A. Relevant legal principles are the Debtor Rehabilitation Act.

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