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(영문) 대전고등법원 2016.12.09 2016나14513
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 of this case is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal of the judgment of the court of first instance as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 2 of the judgment of the first instance court, "Around that time" in Part 17 of the judgment of the second instance shall be " July 28, 2009".

Part 5 of the judgment of the court of first instance is "the case of indemnity of this case" in Part 3.5 of the judgment of the court of first instance.

The loan of this case in Chapter 17 of the 5th judgment of the first instance court is raised as "the above loan".

From 6th to 9th of the judgment of the first instance court, the first-class 4th to 9th of the same page are as follows.

According to the facts of recognition, it is reasonable to view that the secured debt of the instant right to collateral security is a loan claim against E by the deceased, and the principal of the claim is KRW 70,00,00. Therefore, the Defendants, the inheritor of the deceased, may receive dividends from E within the scope of the amount equivalent to the claim determined in the decision of recommending reconciliation of each of the instant cases (Defendant A: 5,229,589, Defendant B, and C, KRW 36,819,726). Therefore, the part on the distribution of dividends against the Defendants in the instant distribution schedule cannot be deemed unfair. Accordingly, the Plaintiff’s assertion on this part is without merit, the “loan of this case” as set forth in the 12th sentence of the first instance judgment of the court of first instance, “The deceased’s loan to E.”

The loan of this case in Part 17 of the 6th judgment of the first instance court is raised as "the loan of this case to the deceased".

From 7th of the first instance judgment, the second to 20th of the same pages are as follows.

In addition, the Plaintiff is also a person who directly receives the benefit of the completion of the statute of limitations in that the Plaintiff, a creditor to E in the distribution procedure, can receive additional dividends if the Defendants’ claim becomes extinct due to the completion of the statute of limitations. Therefore, the Plaintiff may invoke the completion of the statute

Therefore, E's acceptance of debt or waiver of prescription interest shall extend to the Plaintiff.

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