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(영문) 서울고등법원 2017.01.13 2015나2071038

배당이의

Text

1. All appeals filed by the Defendant-Counterclaim Plaintiff and the counterclaim extended in the trial are dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning for the court's explanation of this case is that "the plaintiff shall be notified of the transfer of the claim to the Republic of Korea after the plaintiff transferred the right to claim the payment of dividends based on the re-distribution of the previous distribution schedule of this case to the Republic of Korea." The part of the judgment of the court of first instance which "the plaintiff shall be notified of the transfer of the claim to the Republic of Korea after the plaintiff transferred the right to claim the payment of dividends based on the re-distribution schedule of this case to the Republic of Korea after the plaintiff transferred the right to claim the payment of dividends to the Republic of Korea from among the total dividend of 170,662,738 won of the previous distribution procedure of this case and the distribution procedure of this case, which corresponds to the recovery amount of the principal and interest of the claim for compensation under the subrogation of the defendant 164,651,60 won and damages for delay as stated in the main sentence of Article 20 of the Civil Procedure Act."

2. In conclusion, the judgment of the court of first instance is legitimate, and all of the counter-claim claims expanded in the defendant's appeal and the trial are dismissed. It is so decided as per Disposition.