(영문) 서울고등법원 2016.02.04 2015나25657

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(영문) 서울고등법원 2016.02.04 2015나25657

배당이의

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1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. An appeal arising between the Plaintiff and the Defendants.

Reasons

1. The Plaintiff appealed against the judgment of the court of first instance, which fully dismissed the Plaintiff’s claim against the Defendants and the claim against the co-defendant F (hereinafter “F”) before the first instance and the remand. The judgment prior to remand accepted the Plaintiff’s appeal and accepted the Plaintiff’s claim against the Defendants and the Plaintiff’s claim against F.

Therefore, only the Defendants appealed against the judgment of the first instance court before remand, and F did not appeal. The Supreme Court accepted the Defendants’ appeal and reversed the judgment of the first instance court before remand and remanded to this court.

Therefore, since the portion of the claim against F in the judgment before remanding the case is separated and confirmed to be in excess of the period of appeal, the scope of the judgment before remanding the case is limited to the part of the claim against the Defendants in the judgment before remanding the case.

2. Basic facts

A. The Plaintiff Company A (hereinafter referred to as “A”) is a company whose business objective is software, database, data processing and provision technology, and system integration. On April 27, 201, the rehabilitation procedure (hereinafter referred to as “instant rehabilitation procedure”) is in progress upon receipt of a decision on commencing the rehabilitation procedure under the Seoul Central District Court 201Mo42 on April 27, 201, and the Plaintiff is a custodian of the rehabilitation debtor A.

B. On August 10, 209, the Defendants and F, as shareholders of A, filed a lawsuit claiming damages (Seoul Southern District Court 2009Gahap17524) against I and J on August 11, 2010, which was rendered a judgment in favor of some of the following provisional execution. Serially, the amount of liability (unit: 30%) I (20%) J (20%) (20% of the amount of damage) I (20% of the amount of damage), 60,587,025, 391, 350, 40, 390, 907, 206, 207, 706, 207, 2057, 20536, 36365, 36365, 205, 36365, 205, 365, 3065, 365, 3645, 2065, 36365

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