(영문) 인천지방법원 2015.03.24 2014나53523

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(영문) 인천지방법원 2015.03.24 2014나53523

배당이의

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1. The part concerning the conjunctive claim in the judgment of the first instance shall be revoked;

2. The distribution procedure D by the Busan District Court Branch D.

Reasons

1. The scope of the judgment of this court is first considered to be the scope of the judgment of this court.

The court of first instance rendered a judgment against the Plaintiff on the primary and conjunctive claim against the Defendants, but the court of first instance rendered a judgment against the Defendants.

Since it is apparent that the plaintiff filed an appeal only for the conjunctive claim among the part against which the plaintiff lost, only the conjunctive claim portion excluding the main claim portion which the plaintiff did not appeal is subject to the judgment of this court.

2. Basic facts

A. On March 24, 2014, the KND Co., Ltd. (hereinafter “KND”) deposited the entire amount of KRW 60,808,829 (hereinafter “instant deposit”) on the ground that there exists competition, such as seizure, with respect to the obligations against E Co., Ltd. (hereinafter “E”) as stated in the attached deposit cause (hereinafter “instant deposit”).

B. In the instant distribution procedure regarding the instant deposit, at KRW 60,802,718, the amount to be actually distributed on May 14, 2014, the instant distribution schedule was prepared to distribute the amount of KRW 9,545,616 out of the amount of credit 13,64,540,540, and KRW 51,257,102 out of the amount of credit 73,267,090 to Defendant C.

C. On May 14, 2014, the date of distribution of the instant distribution procedure, the Plaintiff raised an objection against the Defendants regarding the entire amount of dividends among the instant distribution schedule, and filed a lawsuit of demurrer against distribution on May 15, 2014.

In the complaint of the lawsuit of demurrer against the distribution of this case, the plaintiff asserted that "the dividend court shall simultaneously cause the second preliminary claim, excluding the plaintiff from the distribution of dividends, as it confuseds with the assignment of claims and provisional seizure of claims, but the plaintiff and the defendants shall be distributed in proportion to distribution."

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 8, purport of the whole pleadings

3. A contract that the Plaintiff’s assertion that the Plaintiff would have acquired the E’s claim for the KNT construction (hereinafter “instant claim”) through F Co., Ltd. (hereinafter “F”).

유사 판례

-인천지방법원부천지원 2014.07.04 2014가단19198

-서울중앙지방법원 2015.10.20 2015나26763

-인천지방법원 2016.05.04 2015가단30953

-인천지방법원부천지원 2014.12.17 2014가단3988

-서울남부지방법원 2015. 1. 15. 선고 2014나9217(본소), 2014나9224(반소) 판결