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(영문) 부산고등법원 2014.10.28 2014나2860
대여금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The court's explanation of this case is next to the 7th judgment of the first instance court and subsequent to the following "the grounds for this case"

D. The reasoning of the judgment of the court of first instance is the same as that of the part concerning the reasoning of the judgment, except for the addition of “additional Judgment”, and thus, this is cited in accordance with the main sentence of Article 4

A person shall be appointed.

D. Additional Determination 1) The Defendant transferred the management right and ownership of E without the court’s permission. Thus, the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”).

The purport that it is invalid in violation of the relevant provisions is alleged to be invalid.

However, Article 61(1) of the Debtor Rehabilitation Act provides that, if deemed necessary, the court may require the custodian to obtain the permission of the court when he/she intends to dispose of, take over, or take over any property. Paragraph (2) of the same Article provides that no custodian may conduct the debtor's business or take over any property without obtaining the permission of the court, and Paragraph (3) of the same Article provides that any act referred to in paragraphs (1) and (2) including the disposal of any property conducted without obtaining the permission of the

In addition, Article 62(1) of the Debtor Rehabilitation Act provides that the custodian may transfer the whole or essential part of the debtor's business or operation with the permission of the court, if necessary, even before an authorization is granted for the rehabilitation plan after the commencement of rehabilitation procedures, and Article 61(3) of the Debtor Rehabilitation Act provides that Article 61(5) shall apply

In full view of the facts examined earlier and the purport of the entire pleadings, the instant agreement is merely a transfer of management rights to C’s E to the Defendant rather than a transfer of business or business, which is the debtor for rehabilitation, and it is merely a transfer of management rights to C’s E to the Defendant. In the Ulsan District Court 2010 Ma18, the said court pursuant to Article 62(1)9 of the Debtor Rehabilitation Act.

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