beta
(영문) 대구지방법원 2017.09.06 2017나2487

배당이의

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment, except where the relevant part is modified as follows. Thus, this is accepted by the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. Of the first instance judgment, the part of the second instance judgment: ① “15,568,847 won” in the second instance judgment in the second instance shall be read as “1,15,568,847 won”; ② the part of the third instance judgment “15,568,847 won” in the second instance judgment shall be read as “1,115,568,847 won” in the first instance judgment.

B. The part of the first instance judgment Nos. 4, 13, 5, and 4 shall be raised as follows.

(2) Although multiple creditors of the re-preparation of the distribution schedule file a lawsuit of demurrer against their respective creditors to distribute all of the dividends to the other party to the distribution. Even if each lawsuit is deliberated in a different division or is deliberated in the same division, it is inappropriate to determine the distribution amount with creditors entitled to receive dividends by judgment as to the disputed portion in the distribution amount in the case of concurrent trial. Thus, it is necessary to re-establish the distribution schedule and order other distribution procedures in the judgment (see the latter part of Article 157 of the Civil Execution Act). In light of the above legal principles and the above legal principles, the Korea Technology Finance Corporation filed a lawsuit of demurrer against the plaintiffs with respect to KRW 190,404,259 among the dividends to the plaintiff's new steel on the distribution date of the distribution procedure of this case, the Korea Technology Finance Corporation, as to KRW 190,404,259 among the dividends to the plaintiff's new steel, as to the total dividends to the plaintiff's previous appellate court as to the plaintiff's new Telecommunication 2501, the Korea Technology Finance Corporation decided 2015.