logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2019.09.19 2019나11003
청구이의
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. In the first instance court’s trial scope, the Plaintiff sought to refuse compulsory execution based on each payment order in the Daejeon District Court Seosan Branch 2016 tea116 (Defendant B, D, E), 2016 teas 1126 (Defendant D), 2016 teas 128 (Defendant B, C, D, and E).

The court of first instance rendered a judgment of the first instance that partly accepted the claim against Defendant B (see, e.g., Supreme Court No. 2016 tea No. 1116, 2016 tea No. 1228), the claim against Defendant C is entirely accepted (see, e.g., Supreme Court No. 2016 tea No. 1116, 1126, 2016 tea No. 1228), and the claim against Defendant E is partially accepted (see, e.g., Supreme Court No. 2016 tea No. 1116, 2016 tea No. 1228).

As to this, Defendant B, D, and E appealed against the part on which compulsory execution based on the payment order in the above case No. 2016, No. 1116, and Defendant C appealed against the part on which compulsory execution based on the payment order in the above case No. 2016, Dec. 28, 2016.

As a result, the subject of the judgment of this court is limited to the part of the judgment of the court of first instance, which requested non-permission of compulsory execution based on each payment order of the court of the same court of the case No. 2016, No. 20116, Dec. 128, 201;

2. The reasons for this part of the underlying facts are the same as the stated reasons in the part of “1. Basic Facts” in the judgment of the court of first instance, except for the partial dismissal as follows. As such, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

The "self-sufficiency execution" in Part 9 of the 4th page shall be applied to the execution of funds.

The term "person who has assumed the obligation" in the fourth 18th place shall be read as "the person who has assumed the obligation with the overlapping obligation".

Type 5(e)

this subsection shall be filled by the following:

E. 1 Defendant B, D, and E had an obligation against the Plaintiff due to the enforcement of the instant pledge by the Daejeon District Court Branch Branching the Daejeon District Court (2016Hu116). As such, the Plaintiff’s obligation to G was extinguished.

arrow