beta
Text
1. The defendants' appeal is dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1..
Reasons
The reasoning for the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment of the court of first instance as to the following arguments made by Defendant A at the court of first instance. Thus, it is citing this as it is by the main text of Article 420
Defendant A’s assertion of additional determination was reported as a rehabilitation claim in the above rehabilitation procedure. However, Defendant A’s assertion that the Plaintiff is the transferee of the credit sales claim of this case, but excluded the credit sales claim of this case from the rehabilitation claim of Defendant A, by agreement with the Plaintiff. In violation of the agreement, the Plaintiff did not report the credit sales claim of this case as a rehabilitation claim, but did not allow Defendant A to receive the payment in the rehabilitation procedure by excluding the credit sales claim from the details of the rehabilitation claim. Thus, the Plaintiff’s claim against Defendant A
In full view of the following circumstances, namely, the fact that Defendant A’s credit sales claims excluded the instant credit sales claims from the details of rehabilitation claims, cannot be deemed to have been denied by the Plaintiff’s request or agreement, and the Defendant A transferred the instant credit sales claims to the Plaintiff as collateral pursuant to the agreement on loan against credit sales claims. As such, Defendant A was in a position not to seek payment of the instant credit sales claims, and the rehabilitation procedures were discontinued without authorization of the rehabilitation plan, and thus, the rehabilitation procedures were not possible. In light of the above circumstances asserted by the Defendant, the Plaintiff’s claim cannot be deemed to be in violation of the good faith principle.
Therefore, Defendant A’s above assertion is without merit.
If so, the judgment of the court of first instance is just in conclusion, and thus, the defendants' appeal is dismissed.