(영문) 서울고등법원 2016.05.27 2015나2013315

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2016.05.27 2015나2013315

배당이의

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. The court's explanation concerning this case is the same as the statement of the judgment of the first instance except for the addition of part of the judgment of the first instance to the following two cases. Thus, the court's explanation by the main sentence of Article 420 of the Civil Procedure Act shall be cited in accordance with the main sentence.

2. A new or additional part of the judgment of the first instance; and

(a)on the seventh anniversary of the first sentence of the first instance judgment, the following shall be added:

In light of the fact that “A complicated litigation relationship is under way between C and other creditors around June 2013, and the written argument that provisional attachment was already established in an apartment, even though they have a friendly relationship, they have taken legal measures to confirm the right to prepare for the case (see, e.g., letter of grounds for appeal 9), and around June 2014, the Defendant stated that C would also receive a payment order, and that C would have received the instant payment order (see, e.g., letter of grounds for appeal 17 pages),” the Defendant and C would have been presumed to have stated about the litigation situation and the status of compulsory execution before applying for the payment order.

B. Each statement of No. 1 and No. 13 of No. 8-1 and No. 13 of No. 7 of the first instance court decision is inconsistent with the following: ① The above evidence is merely merely a written confirmation of No. 3 and there is no evidence to ensure objectivity; ② although the funds of KRW 800 million and KRW 500 million were transferred, there is no objective financial institution data, such as the source of funds and the source of interest payment, and the each statement of No. 9 through No. 12 of No. 12 of the above evidence is added.

3. In conclusion, the plaintiff's claim of this case is justified and acceptable.

The decision of the first instance court is just, and the defendant's appeal is dismissed as it is without merit.

참조조문

-민사소송법 제420조

유사 판례

-서울고등법원 2016.05.13 2015나2047332

-서울고등법원 2016.09.30 2016나2026844

-대전고등법원 2018.05.31 2017나14893

-서울고등법원 2015.04.21 2014나2027621

-서울고등법원 2016.08.18 2016나2013725