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(영문) 서울고등법원 2015. 6. 19. 선고 2014나2039365 판결
[회생채권조사확정재판에대한이의][미간행]
Plaintiff and appellant

[Defendant-Appellant] The administrator of Taekk-Paeng Co., Ltd. (Law Firm Lee & Lee LLC, Attorneys Hong-tae et al., Counsel for defendant-appellant-appellant)

Defendant, Appellant

Han Investment Securities Co., Ltd and two others (Law Firm LLC, Attorneys Cho Il-young, Counsel for the plaintiff-appellant)

Conclusion of Pleadings

May 1, 2015

The first instance judgment

Seoul Central District Court Decision 2014Gahap11678 Decided September 18, 2014

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the first instance court is revoked. In the final claim inspection judgment decision of the Seoul Central District Court 2012 Mad-3984, the rehabilitation claims against the debtor corporation are as follows: (a) The part of the judgment of the final claim inspection judgment of the Seoul Central District Court 2012 Dad-3984, which is the amount equivalent to 19% per annum from October 11, 2012 to the date of full payment of KRW 4,84,715,479, among the amount of KRW 4,844,470, and the amount equivalent to 19% per annum from October 11, 2012 to the date of full payment; and (b) the part of the judgment of the lower court 2,422,357,740 won among the amount of KRW 2,458,941, and the part of the judgment of the lower court 2,422,740 among them is revoked, and each of the defendants' succession claims against the Defendants are not established.

Reasons

1. Quotation of judgment of the first instance;

The reason why this Court is used in relation to this case is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal of each corresponding part as follows. Thus, this Court shall accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

A. The second loan agreement of the first instance court No. 16, 17 of the judgment of the first instance court is deemed to be “the first loan agreement of this case”.

(b) turn the 5th 19th 19th 19th 1 of the first instance judgment into “non-samping”;

(c) Each “the rights and obligations under the instant special agreement and the revised special agreement” shall be deemed to read “the rights and obligations under the instant loan agreement and the fund supplement agreement” in Part 15 and 19 of the judgment of the first instance court.

(d) in the 6th sentence of the first instance judgment “Defendant” in the 18th sentence shall be read as “Plaintiff”;

2. Conclusion

Therefore, the judgment of the court of first instance is justified, and all appeals by the plaintiff against the defendants are dismissed as it is without merit. It is so decided as per Disposition.

Judges Kim Jong-soo (Presiding Judge)

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