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(영문) 수원지방법원 2020.10.30 2020나55114
배당이의
Text

All appeals by the defendants are dismissed.

The costs of appeal shall be borne by the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the Defendants cited in the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and decision of the court of first instance are justified even if each evidence submitted to the court of first instance was presented to this court.

Therefore, the reasoning of this court's judgment is identical to the reasoning of the judgment of the court of first instance except for the portion added as follows 2.1. Thus, it is citing it as it is in accordance with the main sentence of Article 420

2. Following the fifth sentence of the first instance court’s decision on the addition, the following is added to the 4th sentence.

“The date of the formation of the instant agreement is July 31, 2017, and according to the specification of transactions submitted by Defendant C to the Defendant Company by transferring KRW 800 million to the Defendant Company (No. 7-1 and No. 2), it is confirmed that Defendant C deposited KRW 500 million on December 30, 2016, and deposited KRW 300 million on September 29, 2017, which was after the formation of the instant agreement, and it cannot be deemed that Defendant C provided the Defendant Company with lending funds to G at the time of the preparation of the instant agreement;

3. The plaintiff's claim against the defendants should be accepted in its reasoning, and the judgment of the court of first instance is just in its conclusion, and all appeals by the defendants are dismissed. It is so decided as per Disposition.

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