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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act
2. Judgment on the parties’ assertion
A. The plaintiff asserts that the defendant's claim of this case against the non-party company is the most advanced claim made by the non-party company in collusion with the defendant and the non-party company. Thus, the distribution schedule of this case should be revised.
As to this, the defendant lent to the non-party company KRW 32 million on July 20, 2005, KRW 25 million on April 11, 2006, KRW 50 million on January 25, 2007, and KRW 15 million on March 10, 2007, respectively, to the non-party company. On the other hand, on March 9, 2010, the non-party company had a 31 million wage claim that was not paid by the non-party company, and the above loan, unpaid payment, and interest thereon were paid KRW 150 million on which the non-party company issued a notarial deed, and thus, the claim of this case was justified.
B. Determination 1) In a lawsuit of demurrer against a distribution, where the plaintiff asserts that the claim has not been constituted by the defendant, the defendant is liable to prove the fact of the cause of the claim to the defendant, and where the plaintiff claims that the claim has become null and void as a false declaration of conspiracy or extinguished by repayment, the plaintiff is liable to prove the facts constituting the cause of disability or extinguishment (see Supreme Court Decision 2005Da39617, Jul. 12, 2007). However, in a case where the defendant's assertion as to the establishment of the claim and the contents of evidence are difficult to believe it as they are in violation of logical and empirical rules, it is reasonable to consider such circumstances in determining whether the claim is false (see Supreme Court Decision 2008Da27998, Jul. 24, 2008).