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(영문) 부산고등법원 2017.09.20 2017나53166
용역비
Text

1. The plaintiff's appeal is all 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 reasoning of the court’s reasoning for admitting the instant case is as stated in the reasoning of the judgment of the first instance except for the addition of the part concerning the Plaintiff’s additional assertion as stated in the lower court’s “the part concerning the supplementary assertion”. As such, this is cited in accordance with the main sentence of Article 420 of the Civil

Meanwhile, the Plaintiff asserts to the effect that, around 2010, Defendant B, as the representative director of the primary Defendant, who was well aware of the Plaintiff’s design service expense claims, intentionally did not include the aforementioned claims in the rehabilitation claim constitutes an intentional tort and thus, the Defendants are liable to compensate the Plaintiff for damages. However, the following facts are met: (a) in principle, any rehabilitation creditor who intends to participate in the rehabilitation procedure shall report the content and cause of the rehabilitation claim to the court within the reporting period (Article 148(1) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”); (b) if a rehabilitation creditor fails to report within the reporting period due to any cause not attributable to himself/herself, he/she may supplement the report within one month after the date of the completion of the rehabilitation procedure (Article 152(1) of the Debtor Rehabilitation Act; (c) the rehabilitation creditor did not know of the existence of the rehabilitation claim or his/her assertion after the completion of the meeting of interested persons; and (d) the rehabilitation creditor fails to report the rehabilitation claim within one month after the date of the meeting of interested persons.

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