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(영문) 창원지방법원 2016.07.20 2015나11193

배당이의

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the corresponding part of the judgment of the court of first instance is used as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

In the latter part, - The defendant's "data" in the 4th sentence of the first instance judgment through the 5th sentence are as follows.

“The Defendant shall terminate two fixed deposits with the amount of KRW 10,00,000 on October 4, 201 as follows: “The Defendant shall terminate the two fixed deposits with the deposit amount of KRW 5,000,000 on the same day, and the deposit amount of KRW 10,000,000 on the same day” - The Defendant’s “the Defendant’s mother” in Chapter 9 of the first instance judgment is as follows.

From 5th to 6th to 4th to 5th to 5th to 5th to 1st to 1st to 5th to 1st to 1st to 1st to 20

According to the evidence No. 9-1, No. 2-2, No. 2-4, No. 6-2, No. 6-2, No. 4, and No. 9-2, No. 9, and No. 30,000 as a result of the first instance court’s reply to the submission of financial transaction information to the Defendant’s revised branch of the Agricultural Cooperative, the fact inquiry inquiry reply to the Samsung Card Co., Ltd. at the court of the first instance, and the overall purport of the pleadings, the Defendant repaid the card price of KRW 6,450,00 to Samsung Card Co., Ltd. on April 3, 2013, the Defendant repaid KRW 13,362 as interest on the deceased’s loans and KRW 7,015,738 as principal, and KRW 3,300,00 as attorney’s appointment expenses for the divorce lawsuit of the deceased on April 5, 2013, KRW 306,107,307,7000.

Therefore, even though the Defendant, as the mortgagee of this case, received only KRW 16,779,100, which is the secured claim, as the mortgagee of this case, the dividends of KRW 38,000 in excess of this, and received them on 21.