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(영문) 서울고등법원 2015.09.22 2014나26059
구상금
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for the following modifications, and thus, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The amended part of the judgment of the first instance is replaced by “the Plaintiff” in Section 17 of the judgment of the second instance as “the Defendant.”

In the judgment of the first instance court, the registration of the establishment of a neighboring mortgage was completed on the 3th page, “The registration of the establishment of a neighboring mortgage” was replaced by “The registration of the establishment of a neighboring mortgage, KRW 70,664,00 of the maximum debt amount, KRW 70,664,000, and KRW 70,000 of the establishment of a neighboring mortgage, which is the non-party to the debtor company, was completed in the future (hereinafter the above registration of the establishment of a neighboring mortgage of this case)” in the 10th page of the judgment of the first instance.

The judgment of the first instance court changed the "each of the above collateral mortgages" of the 3th and 17th and the "each of the above collateral mortgages" to the "each of the above collateral mortgages".

The 3th judgment of the first instance court is replaced by the 16th to 18th judgment as follows.

“. G.” A was decided to commence rehabilitation proceedings on August 10, 201 by Seoul Central District Court 201 Gohap105, and L, a representative director, was deemed a custodian on the same day. G was changed to A corporation on December 10, 201; B was appointed as a representative director on February 7, 2013; and was deemed a custodian of A corporation for rehabilitation; on August 7, 2014, the bankruptcy was declared against A corporation and the Plaintiff was appointed as a trustee in bankruptcy. Each “Plaintiff” in the first and fourth and fourth parts of the judgment of the first instance court changed to “the manager of A corporation for rehabilitation.”

The 6th written judgment of the first instance court is replaced by the 10th to 20th as follows.

C. Accordingly, barring any special circumstance, the Defendant’s total sum of KRW 529,980,000 paid from the Nonparty Company and its objection thereto.

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