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(영문) 서울고등법원 2017.06.30 2016나2076832
배당이의
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the case where "request against Defendant B" was used by the third to fourth of the judgment of the court of first instance as follows. Thus, this Court shall accept it by the main text of Article 420 of the Civil Procedure Act.

【Supplementary Use】

A. The Plaintiff’s assertion that the Plaintiff and E bear 150,000,000 won are divided by 1/2 each, and the principal and interest of KRW 75,00,000,00, which are the Plaintiff’s obligations, are fully repaid and extinguished, the amount of dividend against Defendant B should be corrected by 0 won.

B. (1) Determination: (a) Where multiple parties become obligors under the Civil Act, in the absence of any special declaration of intention, the multiple debtors bear the installment obligations; however, in the event a claim relationship occurs by a declaration of intention of the parties, it is reasonable to interpret that multiple debtors bear the indivisible obligations in light of the nature of the payment, transaction practices, intent of the parties, the relationship between the parties, transaction circumstances, etc.

(see, e.g., Supreme Court Decision 2014Da26521, Aug. 20, 2014). The following facts are either disputed between the parties, or acknowledged by considering the overall purport of the pleadings as a whole in the items of evidence Nos. 4 (the same shall apply to evidence No. 2), 7 through 17, 26, and Ga evidence Nos. 1 and 20.

On January 29, 2008, the Plaintiff and E shall borrow 150,000,000 won to Defendant B, and shall pay each month interest at the rate of 5% per month.

‘A' has drawn up and issued a documentary loan (No. 4, No. 2) with the content of the document.

On January 30, 2008, the Plaintiff completed the registration of the establishment of the apartment of this case to Defendant B on January 30, 2008, including the Plaintiff and the maximum debt amount of KRW 180,000.

Defendant B deposited KRW 148,700,000 on January 31, 2008 with the Plaintiff’s account, and KRW 100,000,000 on February 1, 2008 to the Plaintiff’s account, and deposited KRW 148,700 in total with the Plaintiff.

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