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(영문) 대전지방법원 2016. 07. 29. 선고 2015가합104972 판결
배당이의[국승]
Title

Demurrer against distribution

Summary

The plaintiff's claim for correction of the distribution schedule of this case is not accepted.

Related statutes

Article 108 of the Civil Act

Cases

Daejeon District Court Decision 2016-Gohap-104972 ( October 29, 2016)

Plaintiff

Korea

Defendant

Kim Jong-soo

Conclusion of Pleadings

on October 25, 2016

Imposition of Judgment

on July 29, 2016

1. The plaintiff's assertion

The Plaintiff, as to Aa, KRW 20 million on October 21, 1994, KRW 15 million on July 21, 2005, and KRW 15 million on July 21, 2005

Each loan claim was held, aa bears to bb on January 14, 2005, the Plaintiff on January 14, 2005

the principal and interest on the claim of king at the time of discharge of the obligation of 32,700,000 won

Pursuant to the above commitment, the Plaintiff made a promise to repay in a lump sum, and pursuant to the said commitment, b. 32.7 million won

in order to pay the above claims and to secure all the claims of the existing 35 million won

The provisional registration of this case was transferred from July 22, 2009. In addition, the plaintiff was transferred to cc on July 22, 2009

The plaintiff's claim for reimbursement of 48.6 million won is satisfied on behalf of the defendant.

The Plaintiff promised to be included in the secured claim of provisional registration, and the District Court

There are claims based on the ruling of recommending reconciliation in the case No. 2009Kadan3063.

2. Determination as to the plaintiff's claim

The whole purport of the pleading is as follows: evidence mentioned above, evidence mentioned above, evidence set forth in Gap 3, 4, and 11

B. 327 million won against the Plaintiff, who was the person having the provisional registration of this case, shall be deemed to have been the person having the provisional registration of this case.

payment claim by reason of payment by subrogation and payment by subrogation for cc

40,000,000 won as the cause of the claim for the claim, Cheongju District Court Decision 2009No3063

(2) The plaintiff and aaa in the above case shall not be deemed to have been liable for damages. The plaintiff shall not be deemed to have been liable for damages.

10.2. Aa as of February 1, 100,000 won for the Plaintiff (=32.7 million won + 48.6 million won) and the place as to the Plaintiff

A decision on recommending compromise may be confirmed with the content that the amount of annual damages shall be paid.

3. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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