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(영문) 인천지방법원 2015.07.15 2015나51975
배당이의
Text

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

The defendant, April 18, 2013, 200 Da-dong, Yeonsu-gu, Incheon.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for dismissal or addition of the judgment of the court of first instance as follows. Thus, it is intended to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be removed or added;

A. On Part 3 of the judgment of the court of first instance, the phrase “as to the total amount of Defendant’s dividends” in Part 9 of the judgment of the court of first instance shall read “as to KRW 19,589,435 out of the Defendant’s dividends

B. On April 29, 2014, the amount of the secured debt of the Plaintiff’s right to collateral security against B at the time of the date of distribution on April 29, 2014 is the sum of the principal amount of KRW 190,39,054, delay damages KRW 26,028,124, and KRW 216,427,178.”

C. Part 5 of the first instance judgment, “The instant lease agreement” in Part 18 is added to “within the extent of 19,589,435 won, which is the amount not paid by the Plaintiff.”

The part of the judgment of the first instance court No. 6, "3. conclusion" is understood as "if so, the plaintiff's claim shall be accepted within the scope of the above recognition with the reasons, and the remaining claims shall be dismissed as they are without good cause."

3. Thus, the judgment of the court of first instance that entirely revoked the lease contract of this case is unfair, and thus, the judgment of the court of first instance is to be modified as above.

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