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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The reasoning for the court’s explanation on this part of the facts is as follows: “The three pages of the judgment of the first instance were “(3) and around that time, the decision to authorize the instant rehabilitation plan became final and conclusive”; and “On the other hand, the said rehabilitation procedure against the Plaintiff was completed on May 3, 2016,” other than adding “the said rehabilitation procedure against the Plaintiff was completed on May 3, 2016.” As such, this part of the reasoning of the judgment of the first instance is identical to the corresponding part(2) among the reasons for the judgment of the court of first instance (2 8 parallels to 4 parallels to 6 pages). Accordingly, this is cited in accordance with the main sentence of Article
2. Judgment on the plaintiff's assertion
A. Inasmuch as the Defendant’s claim for the return of membership fees based on the Defendant’s judgment on the merits against the Plaintiff was modified in accordance with the authorization order of the instant rehabilitation plan, compulsory execution based on the original copy of the judgment should not be allowed.
B. When a decision to authorize a rehabilitation plan is made, except the rights recognized pursuant to the provisions of the Rehabilitation Plan or the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”), the debtor is exempted from liability for all rehabilitation claims and rehabilitation security rights (Article 251 of the Act), and when a decision to authorize a rehabilitation plan is made, the rights of rehabilitation creditors, rehabilitation secured creditors, shareholders and equity right holders are modified according to the rehabilitation plan (Article 252(1) of the Act). In addition, when the decision to authorize a rehabilitation plan becomes final and conclusive, a junior administrative officer, etc. shall enter the rights recognized in the rehabilitation plan in the rehabilitation plan in the table of rehabilitation creditors, the rehabilitation secured right holders and equity right holders (Article 249 of the Act), and the entry in the list of rehabilitation creditors or the rehabilitation secured right holders
(Article 255(1) of the Act. Furthermore, a claim for the payment of money and other performance shall be filed with respect to the right recognized as the rehabilitation plan based on any rehabilitation claim or rehabilitation security right.