배당이의
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The court's explanation on this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the
2. The plaintiff's assertion that although the defendant demanded the distribution of KRW 500,000 to the non-party company's loan claim amounting to KRW 500,000,000, the defendant's above claim against the non-party company was not established or the defendant's
3. Determination
A. The burden of proof as to the grounds for objection to a distribution in a lawsuit of demurrer is in accordance with the principle of distribution of the burden of proof in general civil procedure. Therefore, in a case where the plaintiff asserts that the defendant's claim has not been constituted, the defendant is liable to prove the facts of the cause of the claim, and in a case where the plaintiff claims that the claim was invalid as a false declaration of agreement or extinguished as
(See Supreme Court Decision 2005Da39617 Decided July 12, 2007, etc.). B.
According to the statement No. 7 and the testimony at H of the trial witness H in this court, it is recognized that the representative director of the non-party company signed and sealed a payment angle (Evidence No. 7) stating that “the non-party company will pay KRW 630 million to the defendant by May 28, 2018,” and that “the non-party company shall pay KRW 630 million to the defendant.” Thus, the non-party company is obligated to pay the above amount to the defendant pursuant to the above payment angle (Evidence No. 7) unless there are special circumstances.
Therefore, the fact that the defendant's claims against the non-party company have been proved.
C. Furthermore, the witness H in this Court borrowed KRW 400 million from I in accordance with the introduction of the defendant, and the defendant paid the above KRW 400 million to I, and the non-party company paid the above KRW 400 million to the defendant.