beta
Text
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 judgment of the court of first instance is the same as the following, in addition to the contents to be explained by the court of first instance by which the judgment of the court of first instance was quoted or added:
(The main text of Article 420 of the Civil Procedure Act) Part 2. 4-12 of the reasoning of the judgment of the court of first instance, as follows.
I. The defendant was confirmed on August 28, 2008 upon receipt of an order to pay the acquisition amount of KRW 113,00,000 and delay damages of KRW 113,00,000 as Suwon District Court Decision 2007Da9108 and confirmed on October 12, 2007 (the acquisition by transfer of loan claims against E by fishing and V) (2) order to pay indemnity amount of KRW 3,835,778,108 as the High Court Decision 2008Da3063 and its delay damages amount of KRW 3,835,78,108 as the High Court Decision 2008, upon receipt of an order to pay the compensation amount of KRW 3,835,778,108 as the High Court Decision 2007Gahap26137, which became final and conclusive on August 28, 208 (the defendant acquired the claim for reimbursement by subrogation of KRW 3,809).
(W) On the other hand, around August 29, 2012, the Defendant acquired the credit for the loan (principal KRW 1 billion and delay damages) from P, and the Defendant notified E’s heir of the transfer.
When the trademark right of this case was sold in accordance with the realization order of Incheon District Court 2012TT31014 and the distribution procedure was conducted in Incheon District Court (hereinafter “the distribution procedure of this case”), the defendant asserted on August 29, 2012 that ① claims 233,533,333 won under the above executive title, ② claims 8,08,697,085 won under the above executive title, ③ claims 197,33,333 won under the above executive title, ④ claims 2,105,416,67 won under the above executive title, ④ claims 10,368,409,928 won, etc. under the above executive title, and demanded the distribution thereof.
Court decisions of the first instance.