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(영문) 대전지방법원서산지원 2014.10.14 2013가합1005
사정재판에 대한 이의의 소
Text

1. With respect to the case of Seosan Branch of Daejeon District Court No. 2008 Book 1, the above court is among the judgments under circumstances rendered on January 15, 2013.

Reasons

1. Indication of claim;

A. The deceased A, net B, Defendant C, D, and E (hereinafter “restricted Creditors”) filed a report on limited claims as shown in the “Contents of Report on Limited Claims” attached Table 3 with respect to the limitation of liability cases launched under the Seo-gu Daejeon District Court Decision 20081, on December 7, 2007, on the ground that “The Hebeir oil pollution accident (hereinafter “the accident of this case”) occurred at the sea of the Switzerland-gun, Chungcheongnam-gun, Taean-gun, for the loss of or decrease in the income from the human fishing activity.”

B. On January 15, 2013, the said court rendered a judgment on the circumstances where: (a) the limited creditors determined that “the limited creditors suffered losses from the loss of or reduction in the income from fisheries due to the instant accident; and (b) the amount stated in [Attachment 2] “the reported and reported amount list” was examined for the assessment of each amount stated in the “court assessment” column.

C. Meanwhile, as the deceased on February 13, 2013, Defendant G, H, I, and J, who is the spouse, were co-inheritors. ② On May 9, 2010, the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the Defendant L, M, N,O, P, Q, R,

However, the limited creditors prove that they were engaged in the fishery at the time of the instant accident, and there is no evidence to acknowledge this.

Therefore, the above assessment judgment that considered the amount of claims reported by limited creditors as above is unfair, so the amount of each assessment for claims reported by limited creditors should be changed to 0 won.

2. Applicable provisions;

(a) Defendant Q, R, and E: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

B. The remainder of the defendants except the above defendants: A confession made due to the absence of the defendant (Article 208 (3) 2 of the Civil Procedure Act)

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