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(영문) 대구고등법원 2015.11.18 2015나20163
배당이의
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

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 modification as follows (Provided, That the part concerning joint plaintiffs C of the court of first instance which does not fall under the scope of the trial of the party) and the main sentence of Article 420 of the Civil Procedure Act are cited as it is.

2. To revise the amended part of the first instance court’s decision No. 9, the phrase “aly recognized fact alone” shall be amended to read “aly recognized fact, Party A’s evidence Nos. 1 through 11 (including paper numbers), the result of the order of submission of tax information to the head of the first instance Daegu Tax Office, and the result of the order of submission of credit information to the Chairperson of the Korea Federation of Banks of Banks.”

3. In conclusion, the part of the claim of demurrer against the distribution on the ground of the expiration of extinctive prescription in the lawsuit in this case is dismissed as it is all unlawful, and the part of the claim of demurrer against the distribution on the ground of invalidity of a false conspiracy among the plaintiffs' claims in this case is dismissed as it is without merit. Since the part of the judgment of the court of first instance against the plaintiffs in this case is justifiable, it is all dismissed as it is without merit.

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