logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.05.09 2018나2050452
채권조사확정재판에 대한 이의의 소
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows. Paragraph (2) is the same as the reasoning of the judgment of the court of first instance, except for the addition of the judgment by this court, and therefore, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

“At the special date for the investigation of claims from B to B” in the fourth instance judgment of the first instance court, “The above court completed the investigation of the rehabilitation security right reported later on June 21, 2016 by opening a special investigation date. B’s custodian P shall be subject to the said special investigation date.”

The 5th half of the judgment of the first instance court "A defendant" shall be appointed as "B manager".

2. The summary of the court’s decision on additional addition is governed by the judgment of the court of first instance.

A. The defendant's assertion is based on the following arguments in this court as the grounds for appeal.

1) A person who intends to claim as a rehabilitation secured creditor shall report a rehabilitation claim only on the ground of the uncertainty of the value of the rehabilitation security at the reporting stage of the rehabilitation security right, but later, reporting the subsequent completion of the value of the security revealed later does not constitute “when the reporting period is not made within the reporting period due to any cause not attributable to him/her.” 2) If the reporting person of the rehabilitation security right reported a rehabilitation claim only on the ground that the value of the security at the time of reporting the rehabilitation security right is unclear, so that the subsequent completion report may be made after reporting the rehabilitation claim, this would cause a serious

3. The time when the plaintiff falsely reported the fact that the rehabilitation security right should be reported as the rehabilitation security right in this case was January 19, 2015, and the time when the debtor B had taken the position to temporarily accept the plaintiff's request for remedy and cooperate is May 2015, which affected the plaintiff's wrong report.

arrow