logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.07.19 2017나302309
배당이의
Text

1. All appeals filed by the Plaintiff and Defendant C are dismissed.

2. The costs of appeal shall be borne by each party.

3. The judgment of the court of first instance is ordered.

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, except where the relevant part is modified or added (including attached Form).

2. Parts used or added;

A. Of the first instance judgment, the 122,05,479 "12,05,479" and "122,05,479" in the 4th, 5th, and 7th, 122,05, 479 respectively, and the 4th, 10th, "32,49%" and "32,49%" in the 10th, 32.49% "I" in the 5th, 5th, and 20th, "H", and 4th, 7th, "30,79,709 won" in the 7th, 30,79,702 won, and 5th, the 7th, 19th, "the second, first, second," respectively, shall be changed to "the first, first, third, and third, third, third, and third, third, and third.

B. On the 5th page of the first instance judgment, the following is added.

“A finding the fact that the Plaintiff remitted KRW 30,000,000 to E is partly different from the judgment of the judgment of the second instance case, and it cannot be deemed that it goes against the res judicata and is not allowed.”

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

“㉣ 원고는 당심에 이르러, 원고의 E에 대한 채권액에 관하여 확정된 지급명령과 달리 판단하는 것은 부당하는 취지의 주장을 하고 있으나, 지급명령에는 기판력이 인정되지 아니하므로(대법원 2009. 7. 9. 선고 2006다73966 판결 참조), 원고의 위 주장은 이유 없다.”

3. In conclusion, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as without merit. Since the judgment of the court of first instance is just, the appeal of the plaintiff and the defendant C is dismissed as it is without merit, and it is obvious that "26,737,732 won" in the decision of the court of first instance is a clerical error of "26,737,232 won" in the decision of the court of first instance. Thus, it is corrected.

arrow