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.