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(영문) 서울동부지방법원 2020.05.22 2019나23321
배당이의
Text

1. The defendant's appeal is dismissed.

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

3. Paragraph 1 of the judgment of the court of first instance is applicable.

Reasons

1. In full view of the purport of the entire arguments in the statements in Gap evidence Nos. 1-1 to Gap evidence Nos. 8, Eul evidence Nos. 1, 2, and 3, the following facts can be acknowledged, and there is no counter-proof otherwise.

The plaintiff is the husband of D, and F and F are children of the plaintiff and D, and D died on October 23, 2009.

B. On December 27, 2004, the Plaintiff, F, and E filed a lawsuit against J and G against the Plaintiff (hereinafter the Plaintiff is indicated as the Plaintiff only in the case in which the Plaintiff was selected as the designated party of the Plaintiff, F, and E) to assume the responsibility of joint and several sureties with respect to the amount that D lent to L on December 27, 2004. On November 6, 2015, “J and G shall jointly and severally pay to the Plaintiff KRW 3 million until June 30, 2016. If J, G, if the said payment date is due, the amount calculated by adding KRW 3 million to the amount payable to the Plaintiff jointly and severally, and the amount calculated by applying 20% per annum to the amount payable to the Plaintiff from February 24, 2006 to the date of full payment (No. 2015Na1745).”

On July 6, 2016, the Plaintiff received a ruling of provisional seizure of claims against the dividend of the H real estate auction case by Sungnam branch of Suwon District Court, Sung-nam Branch, Sungwon District Court, which was held against the Republic of Korea as the third debtor by G, with the amount of loans of KRW 3 million as of December 27, 2004.

(C) On September 21, 2006, the Plaintiff: (a) on September 21, 2006, seized and collected KRW 5 million, among the dividends of the H real estate auction case, H real estate auction case, G, Sung-nam District Court 2015Na11745 with executory force on September 21, 2006, the amount of KRW 3 million for the obligor G and the third obligor as the Republic of Korea; and (b) on January 1, 2006, the amount of KRW 15,621,918 for the remainder of the claims, as the amount of KRW 15,621,918 for the remainder of the claims.

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