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(영문) 서울고등법원 2015.06.19 2015나12743
회생담보권조사확정재판에 대한 이의
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

The reasoning of the court's reasoning in this case is as follows: (a) deleted the 13th sentence of the judgment of the court of first instance, and thereafter appealed against C, etc.; (b) on May 22, 2015, the appellate court acquitted some victims of C of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the fraud; (c) reversed the conviction portion of the judgment of the court of first instance and sentenced C to C seven years, but (d) convicted them of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) that caused property damage to the mutual character in the same salves by having their personal carriers provide a security for the same amount (Seoul High Court 2014No3294). Accordingly, the appellate court's appeal against C, etc. is pending in the lawsuit under Supreme Court Decision 2015Do8191, as stated in the main sentence of Article 420 of the Civil Procedure Act.

Therefore, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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