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(영문) 대전고등법원 2016.08.12 2015나12954 (1)
배당이의
Text

1.The judgment of the first instance shall be modified as follows:

All of the plaintiffs' claims against the defendant succeeding intervenor.

Reasons

1. The reasoning for the court’s explanation concerning this part of the underlying facts is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, since the reasoning for the court’s decision is the same as that for the judgment of the first instance except for dismissal or addition as follows.

On the 2nd judgment of the first instance court, each "loan for Enterprise Common Facilities Fund" in the 17th judgment is raised as "Loan for Enterprise Facilities Fund".

On the 2nd judgment of the first instance court, each of the 19th and 20th "loan for Enterprise Ordinary Operating Funds" is considered as "loan for Enterprise General Operating Funds".

Part V of the decision of the first instance is as follows:

subsection (1) shall be added.

On December 11, 2015, the Defendant transferred each of the instant loans to the Defendant’s intervenors, etc., and notified the Defendant of the assignment of claims on January 20, 2016 to E. The Defendant notified the Defendant of the assignment of claims on January 20, 2016. The first instance court’s judgment of “1 through 8, 8, 9, 16, 1, 15, and 16, 3, 4, 5, 5, 5, 5, and 16, 5, 5, and 5, 5, 5, 5, and 16,” respectively.

2. The plaintiffs' assertion and judgment

A. The gist of the Plaintiffs’ assertion is that each of the instant mortgages contract was concluded simultaneously with the instant loans Nos. 3 and 4. In light of the following: (a) the first and second loans are “enterprise facility loan”; (b) the loans of the instant 3 and 4 are “enterprise general loan”; and (c) the loans of the instant 1 and 2 are different from the subject of the loan; and (d) the amount of the first and second loans of the instant 2,015,000,000 won, which had already been provided as a security after the establishment registration of a collateral for G real estate was completed, the secured claim of each of the instant 3 and 4 loans of the instant 3 and 4 loans.

However, the Defendant received dividends of KRW 3,315,00,000 in the auction procedure of real estate rent with respect to G real estate and extinguished all the claims for loans of the instant Nos. 3 and 4 by repayment.

Therefore, the Defendant is distributed out of the instant distribution schedule.

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