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(영문) 대전고등법원 2015.11.4. 선고 2015나11012 판결
사정재판에대한이의의소
Cases

2015Na11012 Action for an objection against a judgment

Plaintiff-Appellant

1. Hexa stropha shing Comping (Hebeti Sirit Speing);

Commonpa ny Limited

2. The International Fund for Compensation for Oil Pollution Damage, 192;

Plluent Commonens, 1992)

Defendant Appellant

1. The Republic of Korea (competent: Daejeon Regional Employment and Labor Office);

2. The Republic of Korea (Jurisdiction: Ministry of Unification);

The first instance judgment

Seosan Branch of Daejeon District Court Decision 2013Gahap1029, 2121 decided February 4, 2015

(ix) Partial Judgment

Conclusion of Pleadings

October 7, 2015

Imposition of Judgment

November 4, 2015

Text

1. All appeals filed by the Defendants are dismissed. 2. Costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1. Purport of claim

With respect to the case No. 2008 Book 1 of the Daejeon District Court Seosan District Court's 2008 Book 1, the amount of each of the relevant circumstances stated in the attached Table 1 with respect to the Defendants' limited claims (the No. 1 of the limited creditors table: the same as the stated in the attached Table 1 of the reported creditors' claims and the list of the assessment amount) shall be changed to 0 won, respectively.

2. Purport of appeal

The part against the defendant in the judgment of the court of first instance is revoked. With respect to the case of Seosan Branch of the Daejeon District Court 2008 Book 1, which falls under the above revoked part, the part of the judgment against the defendants in the judgment of the court of first instance regarding the limited claims of the defendants (the same shall apply to the entry in the list of restricted creditors in attached Table 1: the No. 1: the report and the list of restricted creditors in attached Table 1) is authorized.

Reasons

The court's explanation on the instant case is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.

Therefore, the judgment of the first instance court is legitimate, and all appeals by the Defendants are dismissed as it is without merit. It is so decided as per Disposition.

Judges

The presiding judge, the senior judge;

Judges Gangseo-do;

Judge Choi Jong-il

Attached Form

A person shall be appointed.

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