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(영문) 서울고등법원 2017.07.07 2017나2010471
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The fact-finding and judgment of the first instance court are justified in view of the evidence submitted by the Plaintiff to this court by the court of first instance as evidence submitted by the Plaintiff to the court of first instance as evidence No. 158 to 179.

Therefore, the reasoning of this court's judgment is as follows, except for the cases of 9, 12, 11, and 2 of the judgment of the court of first instance as follows, and therefore, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

A. Relevant provisions and legal principles 1) The Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).

Article 56 of the Debtor Rehabilitation Act provides that “When a decision is made to commence rehabilitation procedures, the authority of the debtor to perform the debtor’s business and manage and dispose of his/her assets shall exclusively be placed under the exclusive jurisdiction of the trustee (Article 15(1)). The debtor or the director of the debtor, who is not an individual, shall not infringe on the trustee’s right provided for in the provisions of paragraph (1) or unfairly participate in the exercise of such right (Article 156(2)).” The debtor does not recognize the right to manage and dispose of his/her assets and belongs to the trustee of the right to manage and dispose of such assets. In addition, rehabilitation claims need to be reported in principle (Article 156(1) of the Debtor Rehabilitation Act), individual rights that are not subject to rehabilitation procedures are prohibited, and only repayment may be made according to the rehabilitation plan (Article 131 main sentence and Article 58 of the Debtor Rehabilitation Act). At the same time, the purport of prohibiting the debtor from freely arranging or disposing of his/her assets and the right to manage and dispose of the assets is prohibited.

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