Main Issues
The reason for the transfer of business and the takeover of lawsuit by the parties
Summary of Judgment
The mere fact that the business has been transferred by the party is not the cause of the party litigation.
[Reference Provisions]
Article 212 of the Civil Procedure Act
Plaintiff-Appellee
For gambling purposes
Defendant-Appellant
The Korean National Bank, Inc., the applicant for taking over the lawsuit of the
Judgment of the lower court
Seoul High Court Decision 62Na109 delivered on June 21, 1962, 200
Text
The appeal by the Korean National Bank of Korea shall be dismissed.
The costs of appeal are assessed against the above-Appellant.
Reasons
It cannot be found on the records that Defendant Korea-U.S., a party to this case and the appeal are extinguished by the merger and that Korea-U.S. National Bank, a newly established corporation or a corporation surviving after the merger, is not extinguished by the merger. Therefore, it is not reasonable that Defendant Korea-U.S., Korea-U.S., a Korean National Bank, taking over Defendant Korea-U.S., as a result of the merger, is dismissed as it is without merit, and Defendant Korea-U.S., a Korean National Bank, a third party, is still a party, even if the party still exists, filing an appeal. However, the appeal is unlawful on the sole ground of the receipt of transfer of business. The costs of the appeal are assessed against the losing party, and it is so decided as per Disposition by the assent of all participating judges.
Supreme Court Judge Lee Young-chul(Presiding Judge) (Presiding Judge) Dog-Jak and Mag-Jak, Kim Ho-soon, Mag-man, Manb