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(영문) 서울고등법원 2019.01.18 2017나2054280
배당이의
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Quotation of judgment of the first instance;

A. The reasoning for the court’s explanation concerning the instant case is next to the judgment of the first instance.

In addition to the amendment as stated in paragraph (2) and addition of the judgment at the trial, the relevant part shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, since the judgment of the court of first instance is the same as that of the defendants.

B. Part 1) The amendment of the first instance court’s 6th 16th e.g., “each item in which the Defendant’s deposit details with I are written,” and the “20, 21st e.g., evidence” of the 19th e.g., “17 through 21, and 24th e., evidence” is deleted, and the “the court of the first instance” is added in front of the “K Bank” of the 20th e.g., the first instance court’s 7th e., the 7th e., 15, 17 and 8th e.g., each “the details of payment” is considered as “the details of payment.”

3) The first instance court’s decision was just on July 4, 2017, 201, and added “the preparatory documents in the first instance trial” (hereinafter “the preparatory documents”) 17, and 18 of the first instance court’s decision 8, the “it is difficult to accept them in light of the previous assertion and the evidence submitted accordingly,” is deemed insufficient to acknowledge the changed facts solely on the basis of the descriptions in the evidence Nos. 18, 22-1, and 3 of the evidence No. 8 and No. 22.”

5 The "amount of money received" at the end of the 8th judgment of the first instance court shall be deemed as the "amount of money received or money deposited".

2. In light of all the evidence submitted by the Defendants up to the first instance trial, it is not sufficient to view that the Defendants’ claims against the Defendants I exist, and thus, the Defendants’ assertion on the grounds of appeal against this is rejected in entirety.

3. As such, the part of the judgment of the court of first instance against the Defendants is legitimate, and the Defendants’ appeal is dismissed in its entirety as it is without merit. It is so decided as per Disposition.

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