logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.11.27 2018나2064987
채권조사확정재판에 대한 이의의 소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for this court’s explanation are the same as the reasons for the judgment of the court of first instance, except for the dismissal or addition of the judgment under paragraph (2) as follows. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act

[Attachment] 6-3 of the first instance judgment

(c)the parts are as follows:

Article 118 subparag. 1 of the Debtor Rehabilitation and Bankruptcy Act provides that “The debtor shall have the right to claim damages arising from the impossibility of exercising the right to use the instant golf course as rehabilitation claims.” In full view of the purport of the entire pleadings as indicated in the evidence No. 7, the defendant filed an application for commencing rehabilitation procedures on December 2, 2016, converting the instant golf course, which was operated as a membership system, into a non-member system available to the general public, and received a decision to commence rehabilitation procedures on December 23, 2016. However, there is no evidence that the defendant explicitly expressed his/her intention to suspend the operation of the instant golf course and not to perform the duty to provide facilities. Rather, according to the purport of the evidence No. 9, the defendant continued to provide the Plaintiff with the right to use the instant golf course after the commencement of rehabilitation procedures, and thus, it is recognized that the Plaintiff’s right to claim damages arising from the commencement of rehabilitation procedures cannot be seen as having been the first claim for the right to use the instant golf course.

arrow