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(영문) 서울고등법원 2015.10.16 2015나2036448

배당이의

Text

1. Revocation of a judgment of the first instance;

2. All of the instant lawsuits are dismissed.

3. The costs of the lawsuit are assessed against the Plaintiffs.

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is as follows: “Thyl C&C” of the 2nd judgment of the first instance court, “C&C” of the 15th, “C&C” of the 16th, “C&C” of the 16th judgment, “The instant trustee company” of the 3th, 3th, 7th and 9th, “the instant trust company,” “the instant trust company,” “the Plaintiff,” “the Korea Technology Finance Corporation,” and “the Plaintiff,” of the 6th, 3th 3th eth eth 13th eth eth eth eth eth eth eth eth eth eth eth eth eth eth e.g., “the Plaintiff,” and “the 13th e

2. Determination as to the legitimacy of the instant lawsuit

A. The reasoning for the court’s argument on this part is as follows: (a) except for the change of “Plaintiff Technology Credit Guarantee” as “Plaintiff Technology Credit Guarantee Fund” and “176,39 won” as “259,147,228 won” as “259, 147,28 won” under the main sentence of Article 420 of the Civil Procedure Act, the reasoning for the judgment of the court of first instance is as stated in Article 420 of the Civil Procedure Act.

B. The reasoning for the court’s explanation on this part is as follows: “The report of the instant cause is legitimate; thus, it cannot be deemed that the completion period for demand for distribution has not yet arrived or that the plaintiffs’ subscription to dividends has not been possible due to the illegality of the report of the instant cause; and the part as stated in Article 2(b)(iv) and (v) of the judgment of the first instance is the same as stated in Article 420 of the Civil Procedure Act, except for the following changes: (a) of the reasoning for the judgment of the first instance, the part as stated in Article 2(b) of the judgment of the first instance is the same as stated in Article 420 of the Civil Procedure Act.

4. A person who is entitled to standing to sue a lawsuit of demurrer against distribution on the date of distribution shall be present on the date of distribution and raise an objection under the substantive nature of the distribution schedule.