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(영문) 서울고등법원(춘천) 2019.02.20 2018나1013

배당이의

Text

1. The judgment of the first instance, including the succession participation by this court, shall be modified as follows:

Chuncheon District Court.

Reasons

1. The plaintiffs and the defendant's grounds for appeal regarding the plaintiffs' claims are not significantly different from the allegations in the first instance court, and the facts finding and determining in the first instance court are justified even if each evidence submitted to this court is presented to this court.

This part of the judgment is based on the reasoning of the judgment of the court of first instance.

2. Determination as to the claim by the Plaintiff’s succeeding intervenor

A. According to the purport of the evidence Nos. 1 and 2 evidence and the whole pleadings, around 2015, the Plaintiff’s succeeding intervenor filed a lawsuit seeking reimbursement of KRW 90 million against the Plaintiff Company as the Suwon District Court, Ansan Branch Branch 2015Kadan19696, and the above court on March 7, 2016. “The Plaintiff Company shall pay KRW 90 million to the Intervenor succeeding to the Plaintiff Company until March 31, 2016. If the Plaintiff Company fails to pay the above payment by the above payment date, the unpaid amount shall be paid by adding damages for delay calculated at the rate of 15% per annum from the day following the above payment date to the day of full payment. The Plaintiff’s succeeding intervenor waives the remainder of the claim.” This decision became final and conclusive at that time, and the Plaintiff’s succeeding intervenor based on the original copy of the executing ruling recommending settlement, the Plaintiff Company, the obligor, the obligor of the claim, the claim amount, and the claim amount of KRW 10,194,27.17.