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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The grounds for appeal by the defendant cited in the judgment of the court of first instance are as alleged in the first instance, and the evidence submitted to the court of first instance is the evidence submitted by the defendant to the court of first instance, and even if the defendant's whole purport of the pleading was added to the evidence No. 6, the fact-finding and the judgment of the court of first instance are justifiable, and there are no errors as alleged
Therefore, the court's explanation on the instant case is based on the reasoning of the judgment of the court of first instance, as follows: (a) No. 15 of the judgment of the court of first instance is “A”; and (b) No. 3 is “11,828,646 won”; and (c) the Defendant’s assertion in the trial is identical to the reasoning of the judgment of the court of first instance, except for adding the following judgments as to the contents asserted in the trial, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The defendant asserts that even if the extinctive prescription of the loan claim of this case for household affairs has expired, the scope to be corrected as the plaintiff's dividend amount is limited to the scope to be paid by the plaintiff if there is no dividend against the defendant, so that the defendant and the third creditor can only receive the dividends distributed to the third creditor in proportion to the total dividend amount.
On the other hand, a lawsuit of demurrer against a distribution filed by a creditor is to resolve a dispute over the amount of distribution among the creditors who are the opposing parties, so the judgment of the lawsuit should change the ownership of the distribution portion relative to the creditors who are the original and the defendant. Therefore, in a case where it is deemed that the defendant's claims do not exist, it is not necessary to consider the claims of other creditors who did not raise an objection in calculating the amount of distribution reverted to the plaintiff among the distribution portion in the dispute, and this is a prior creditor to the plaintiff among other creditors who did not raise an objection.