(영문) 대구지방법원 2017.12.13 2016나313708

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(영문) 대구지방법원 2017.12.13 2016나313708

배당이의

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1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the pertinent part is modified or added as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used or added;

A. Of the judgment of the first instance, the first instance court held that ① “204.....” in the first instance judgment, the first instance judgment “3, 2014...” and ② the first instance judgment “I” in the third, 14, and 15 shall be applied “I” respectively.

B. On the 4th sentence of the first instance judgment, the following is added to “the remittance” of the first instance judgment.

“( from the above J’s account to the account of the non-party company, KRW 3,200,000 on April 21, 2011, and KRW 40,000 on April 23, 201, respectively.)

C. On the 6th page of the first instance judgment, the following is added.

“The Plaintiff asserted that the Defendant’s insurance premium was cancelled on July 11, 2012, and that the Defendant did not receive KRW 11,920,60 from the cancellation money and did not deliver it to the Non-Party Company’s side (this seems to be the assertion that the above KRW 11,920,604 should be appropriated for the non-party Company’s obligation to the non-party Company’s Defendant)” However, the witness of the Party Party E visited K along with the Defendant and instructed K to the effect that he received the cancellation money immediately after the Defendant received the cancellation money (see, e.g., evidence 10 pages), and in fact, from the account in the name of K on July 11, 2012 to the account in the name of J, 10,000,00 won, the Defendant did not receive the cancellation money (see, e.g., evidence 16) and No. 1516, Dec. 15, 2012).

3. In conclusion, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

참조조문

-민사소송법 제420조

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