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(영문) 대구지방법원 2015.12.03 2015나11425
배당이의
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the court's explanation concerning this case are as follows, except for the cases where the part of the judgment of the court of first instance, "the defendant" under Section 2, Section 19 of the judgment of the court of first instance as "the plaintiff," and the plaintiff, "D's own intermediary," Section 20 of the same part, as "the defendant, who is a D's own intermediary, shall be deemed "the defendant," respectively, and the part of the judgment of the court of first instance shall not be deemed to lose the right to receive dividends," and the part of the judgment of the court of first instance as stated in Section 6 through Section 17 of the same part shall be cited as the reasons for the judgment of the court of first instance

【The portion paid on behalf of a debtor’s behalf of a debtor’s obligee can be subrogated by the obligee with the obligee’s consent at the same time as performance (Article 480(1) of the Civil Act). Here, the obligee’s consent is not necessarily required to be explicitly made, and the obligee’s consent may be presumed to have been given by taking into account various circumstances, such as the motive or reason for performance, the process thereof, the obligee’s attitude in repayment, and the circumstances after repayment, etc. (see Supreme Court Order 2010Ma1447, Apr. 15, 201). In a case where a part of the claim is subrogated for a debtor on behalf of a debtor, the subrogated exercises his/her right in proportion to the amount of performance, and acquires the rights to the claim and security that the previous obligee had in possession of the obligee within the scope of the value of performance, and thus, a partial subrogation is the person who has subrogated for a debtor before the distribution schedule becomes final and conclusive and is in a position to receive dividends

(See Supreme Court Decision 201Da79883 Decided April 26, 2012 (see, e.g., Supreme Court Decision 2011Da79883, Apr. 26, 201). If the written evidence Nos. 2, 3-1, 2, 4, and 7, and the written evidence Nos. 1, 7, and the written answer following an order to submit financial transaction information to the permanent branch of Han Bank Co., Ltd. at the first instance court, the Defendant added the whole purport of the pleadings to one bank.

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