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(영문) 인천지방법원 2014.11.05 2013나17582
인도금등
Text

1. The plaintiff's successor to a lawsuit shall be dismissed.

2. The judgment of the first instance is revoked, and the case is in question.

Reasons

1. Determination on the legitimacy of a request for resumption of transport

A. (1) Underlying facts, the Daewoo Motor Sales Co., Ltd. (hereinafter “former Daewoo Motor Sales”) is deemed to be the sale of Daewoo Motor.

A) On July 6, 1994, the former Automobile Sales Co., Ltd. between the Defendant and the Defendant supplies the Defendant with an automobile, and the Defendant sells the supplied automobile to the consumers, and the contract for automobile sales agency and post management (hereinafter “instant contract”).

(2) On August 10, 2011, the rehabilitation procedure (Seoul Central District Court 201 Gohap105; hereinafter “instant rehabilitation procedure”) was commenced with the commencement of the rehabilitation procedure for the former car sales as the rehabilitation debtor. The former car sales was divided into the Plaintiff’s applicant for the Plaintiff’s lawsuit (the company before the change: the company after division, the newly incorporated company), the treatment industry development company (the company after division), the rehabilitation obligor treatment obligor development company (the company after division, the surviving company after division; hereinafter “the surviving company”) under the instant contract, and the rehabilitation plan was approved to transfer the assets such as goods sales price claim, etc. under the instant contract (hereinafter “property subject to the transfer of this case”). Accordingly, the rehabilitation plan was established in installments from the development of the Plaintiff’s applicant for the continuation of the lawsuit, who was a stock company on December 19, 2011, and the registration of the establishment of the Plaintiff’s applicant for the continuation of the lawsuit and the registration of the divided development of the treatment procedure was completed on the same day.

3) From August 10, 2011 to February 20, 2012, the Plaintiff: (a) deemed an administrator of a debtor treatment-based development corporation under the instant rehabilitation procedure; and (b) filed the instant lawsuit on February 20, 2012; and (c) the Plaintiff filed an application to resume the lawsuit on May 18, 2012; (b) filed an application to resume the lawsuit on May 18, 2012. 【Unfounded grounds for recognition, Party A’s 1, 8, 13, and 14, evidence Nos. 1 and

(b) In the rehabilitation proceedings, where a company is divided into a new company by division and a surviving company by division, the date of registration of incorporation of the newly incorporated company by division and the surviving company by division.

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