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(영문) 광주지방법원 2020.06.19 2019나59461
배당이의
Text

1. The part against the plaintiff falling under the following correction among the judgment of the first instance shall be revoked.

Reasons

1. The scope of the appellate court’s trial shall be limited to the scope of appeal filed by the appellant among the parts of the judgment of the first instance that were transferred to the appellate court.

As to the instant distribution schedule, the Plaintiff and the Defendant C of the first instance court raised an objection against the part on which the Defendant and the Defendant C received as the right to collateral security, and the first instance court dismissed all the Plaintiff’s claims.

As to this, the Plaintiff appealed only for KRW 10 million out of the amount of dividends of KRW 60 million against the Defendant, which is determined only for KRW 10 million against the Defendant.

2. The reasoning for this part of the reasoning is as stated in the reasoning of the judgment of the first instance, except for the part written by the court as follows. Thus, this part of the reasoning is cited by the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary part] The second part of the judgment of the court of first instance was written by adding " August 9, 2018" to " August 16, 2018."

3. The parties' assertion

A. The defendant's assertion made a loan of KRW 10 million to F in cash on August 2, 2009. ② Around September 2, 2009, the defendant additionally lent KRW 50 million to F with the first loan of KRW 10 million and the first loan of KRW 60 million, and then transferred KRW 50 million to F's account on the same day.

The Plaintiff’s claim seeking correction of the amount of dividend against the Defendant is without merit, since there is no evidence to deem that the above loan claim is a false declaration of agreement or that it is not a secured claim of the Defendant’s right to collateral security with respect to the lending of KRW 10 million in cash made around September 2, 2009.

B. The plaintiff's assertion that the defendant lent 10 million won to F in cash around August 2009, but there is no evidence to acknowledge this.

Ultimately, the Defendant’s secured claim amount of the right to collateral security is KRW 50 million, so the dividend amount of KRW 60 million against the Defendant in the instant distribution schedule should be corrected to KRW 50 million, and the above dividend amount should be adjusted to KRW 50 million.

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