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(영문) 서울중앙지방법원 2018.10.17 2018나34383
배당이의
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument of the court of first instance. According to the evidence duly adopted and examined by the court of first instance, the fact-finding and judgment of the court of first instance are justified.

Therefore, the court's explanation on the instant case is identical to the reasoning of the judgment of the court of first instance, and thus, citing it as is by the main text of Article 420 of the Civil Procedure Act.

2. If so, the Seoul Central District Court C’s distribution procedure case was prepared on June 2, 2017 by the above court as to the dividends amounting to KRW 40,924,710 for the co-defendants of the first instance court (Seoul Central District Court), KRW 15,516,241, the dividends amounting to KRW 50,00,000 for the co-defendants of the first instance court, KRW 7,039,290,000 for the defendant, and KRW 9,47,759 for the plaintiff’s dividends amounting to KRW 91,47,759, respectively. Accordingly, the plaintiff’s claim against the defendant is justified as the plaintiff’s claim against the defendant, and the judgment of the first instance between the plaintiff and the defendant is justifiable as it is so decided as per Disposition by the assent of all participating Justices.

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