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(영문) 서울고등법원 2016.04.15 2014나21535
손해배상채권 등
Text

1. The plaintiff's appeal and the claim for the payment extended in the trial are dismissed, respectively.

2.(a)

At the trial of the plaintiff.

Reasons

1. Basic facts

A. The reasons why the court should explain this part of the judgment of the court of first instance are as follows: ① delete the “A” of the judgment of the court of first instance (hereinafter “A”), ② dismiss the “Plaintiff” of the 3th page 5 as “B”; ③ add the following details to the 5th page 5; ④ citing the judgment of the court of first instance of the court of first instance (hereinafter “Plaintiff”) of the 3th page 6th page 6th or lower, the “A” of the judgment of the court of first instance as “Plaintiff”.

In addition, the corresponding part of the judgment of the court of first instance is the same as the corresponding part of the judgment of the court of first instance.

B. On November 13, 2014, while the lawsuit is pending in this court, F was appointed by the Seoul Central District Court as a custodian of A and taken over the lawsuit of this case by the manager B of A and the Plaintiff Debtor Rehabilitation Corporation on May 18, 2015. (2) The aforementioned rehabilitation procedure against A and the rehabilitation procedure against A was completed on December 3, 2015. On January 15, 2016, F taken over the lawsuit of this case by the manager F of A and the Plaintiff Debtor Rehabilitation Corporation.

2. The grounds for the court’s explanation on this part are the plaintiff’s assertion and the defendant’s assertion except for the plaintiff’s assertion as to the claim for return of unjust enrichment added to the conjunctive claim at the trial. The plaintiff’s assertion deleted the second or third of the second or third of the fifth of the judgment of the court of first instance, and the plaintiff’s assertion is the same as the corresponding part of the judgment of the court of first instance, except for the plaintiff’s assertion that “The amount that the defendant did not pay is KRW 396,370,056 in total, and the plaintiff seeks the payment of the above amount against the defendant.”

3. Determination

A. The reasons why this Court shall explain this part of the judgment of the first instance as to the claim for payment are added to “the claim concerning the particulars discharged by the Defendant” and “the allegation concerning the particulars discharged by the Defendant” following the judgment of the first instance court No. 9 and the judgment of the second instance No. 12.

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