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(영문) 서울북부지방법원 2017.12.08 2017나30925
배당이의
Text

1. The main point of the instant lawsuit is as to Defendant D, who was expanded in the trial of the Plaintiff (Counterclaim Defendant), New Daily Co., Ltd.

Reasons

1. The scope of the judgment in this Court is the principal lawsuit against the Defendants, such as the correction of the dividend amount as stated in the principal lawsuit, and the Defendant C filed each claim for correction of the dividend amount against the Plaintiff New Daily, as stated in the counterclaim claim. The court of first instance dismissed both the Plaintiffs’ principal lawsuit and the Defendant C’s counterclaim against the Plaintiff New Daily.

As the plaintiffs appealed, the scope of the trial of this court is limited to the claim part of the principal lawsuit.

2. The reasons why this court is used for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the plaintiffs' claims extended by this court and the claims added by this court, since the reasoning of the judgment of the court of first instance is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the

3. Additional determination

A. The plaintiffs are present on the date of distribution of the real estate auction case of the Seoul Northern District Court E.I.D., and they raise an objection against KRW 24,40,00 out of the amount of distribution of the defendant C. The plaintiff New Day against KRW 56,080,940 out of the amount of distribution of the defendant C and KRW 56,28,070 out of the amount of distribution of the defendant D. ② The amount of distribution of the plaintiff A and the plaintiff B out of the amount of distribution of the dividends in the first instance court to KRW 24,40,00, KRW 17,631,026 on the plaintiff New Day to KRW 30,00, KRW 130, KRW 00, KRW 56,000 on the amount of distribution, KRW 130,000 on the amount of distribution, KRW 300, KRW 130,000 on the defendant D, KRW 130,000 on the amount of distribution of the plaintiff D, KRW 301.

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