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(영문) 서울고등법원 2014.11.28 2014나2028662

배당이의

Text

1. The plaintiff A's appeal shall be dismissed.

2. The costs of appeal are assessed against Plaintiff A.

Purport of claim and appeal

1..

Reasons

Plaintiff

A examine whether the appeal is legitimate ex officio.

1. Review of the facts-finding record reveals the following facts.

Plaintiff

On February 25, 2014, the Korea Credit Guarantee Fund filed a lawsuit of demurrer against distribution against the Defendant (U.S. District Court Decision 2014Gahap20612). On February 29, 2014, Plaintiff A also filed a lawsuit of demurrer against distribution (U.S. District Court Decision 2014Gahap5418) against the Defendant.

After combining the above two cases, Suwon District Court rendered a judgment that “The amount of dividends against the defendant of the plaintiff A was KRW 170 million among the dividend table of this case, KRW 163,343,275, KRW 166,725, and KRW 00,000 against the plaintiff, KRW 163,343,275, and KRW 00,000 to KRW 6,656,725, among the dividend table of this case, shall be corrected.”

Accordingly, on July 25, 2014, Plaintiff A designated the Appellant as the Plaintiff Credit Guarantee Fund, and submitted a petition of appeal stating that “The amount of KRW 170 million against the Defendant out of the instant distribution schedule shall be KRW 0,00,000,000 for the amount of dividends to the Plaintiff Credit Guarantee Fund, KRW 128,948,00, and KRW 41,051,00 for the amount of dividends to Plaintiff A shall be corrected respectively.”

2. According to the facts found in the above determination, the purport of the Plaintiff A’s appeal was erroneous in the part of the correction part of the Plaintiff’s Credit Guarantee Fund among the judgment of the first instance, and thus, reduced the correction amount and distributed the reduced amount to the Plaintiff A, thereby re-revision the instant distribution schedule. Therefore, it is obvious that Plaintiff A, not the Defendant, appealed, appealed against the Plaintiff Credit Guarantee Fund, and appealed part of the part of the judgment of the first instance against the Plaintiff Credit Guarantee Fund.

However, Article 397 (2) 1 of the Civil Procedure Act provides that "the parties and their legal representatives shall be stated in the complaint," and civil litigation is premised on the party establishment doctrine.