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(영문) 서울고등법원 2014.12.24 2014나2027027
채권양수금
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 reasons why the court has cited the judgment of the court of first instance concerning this case are stated as the reasons for the judgment of the court of first instance, except for addition or dismissal as follows:

(The main text of Article 420 of the Civil Procedure Act). No. 416 of the 4th 16th 16th 16th '9,445,3435 won' is "9,445,345 won", each of the 17th 17th '7,887,142 won' is "69,570,000 won", and the last 17th 'the grounds for recognition' is added to 5 and 6th 'the 'the 'the 'the 'the 'the '

Part 7 2: The following shall be added:

(See Supreme Court Decision 2002Da40456, Sept. 5, 2003; see, e.g., Supreme Court Decision 2002Da40456, Sept. 5, 2003; hereinafter the same shall apply in the case of a matter concerning a security or a

The plaintiff, who is a rehabilitation secured creditor, shall, in principle, participate in the rehabilitation procedures and obtain the satisfaction of the claims as prescribed by the rehabilitation plan, and for this purpose, he/she shall report the rehabilitation secured creditor's list or the rehabilitation security right within the reporting period determined by the court and obtain the confirmation

However, on July 23, 2014, the Plaintiff reported the loan claim against B as a general rehabilitation claim, not a rehabilitation security right, and the fact that the rehabilitation plan approval was issued on July 23, 2014 is recognized or obvious by the evidence No. 8.

Accordingly, the Plaintiff, who did not report as a rehabilitation security right, lost the status of the rehabilitation secured creditor as a result of confirmation of the rehabilitation security right approval plan, and the right of transfer was extinguished. Since the assignment of claims for the establishment of the security right loses its effect and the sales claim transferred to the Plaintiff is transferred to B again, the Defendant may refuse the Plaintiff’s claim that lost the status

(See Supreme Court Decision 2002Da40456 delivered on February 2, 200, the first instance court's decision is justifiable, and the plaintiff's appeal is dismissed as it is without merit.

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