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(영문) 전주지방법원정읍지원 2014.01.07 2013가단5570
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion is identical to the statement of “the cause of claim” as shown in the separate sheet, and the summary thereof is that the net C’s obligation to the Defendant was fully repaid.

2. Determination

A. The burden of proof in a lawsuit of demurrer against distribution is in accordance with the principle of distribution of the burden of proof in general civil procedure. In a case where the plaintiff claims that the defendant's claim was not constituted, the defendant is liable to prove the facts of the cause of the claim, and where the plaintiff claims that the claim was invalid as a false declaration of agreement or extinguished by repayment, the plaintiff is liable to prove the facts constituting the

(See Supreme Court Decision 2005Da39617 Decided July 12, 2007, etc.). B.

In light of the above legal principles, the plaintiff is responsible for proving that the deceased's debt owed to the defendant was fully repaid, and there is no evidence to acknowledge this. Thus, the plaintiff's claim on a different premise is without merit without further examination.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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