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청주지방법원 2018.08.23 2017가단3772

배당이의

Text

1. The plaintiff among the distribution schedule prepared on March 22, 2017 by the Cheongju District Court C with respect to distribution procedures cases.

Reasons

1. Basic facts

A. In the case of Cheongju District Court C dividend proceeding against the debtor D Co., Ltd. (hereinafter “debtor”) established by deposit of the third debtor D Co., Ltd. (hereinafter “the third debtor company”), the distribution court: (a) on March 22, 2017, the amount of KRW 40,835,278, the distribution court: 18,311,784, 183,118, 188, 200 for E Co., Ltd. (the amount of claims 1,00,000,000,000) for the third debtor D Co., Ltd. (hereinafter “the debtor company”); and (b) on the amount of KRW 40,835,00,000 based on the seizure collection order (the amount of claims 22,00,000,000,000) for the defendant who is the collection authority (the amount of claims 1,008,000,000) for each collection order.

B. On the date of the above distribution, the Plaintiff, the creditor, and the leleco Co., Ltd. appeared, and raised an objection against the total amount of the distribution to the Defendant, and the creditor E was present, but did not raise an objection.

C. On March 29, 2017, the Plaintiff filed the instant lawsuit.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings

2. Assertion and determination

A. The enforcement title of the Plaintiff’s assertion summary is KRW 500,000,000 of the principal based on the No. 911, 2014 No. 911 (hereinafter “No. 911”), and interest or delay damages on the same. The Defendant, in collusion with the debtor company, prepared a false notarial deed as if there were KRW 500,000,000 of the loan claims against the debtor company, even though there was no fact that the debtor company lent KRW 500,000 to the debtor company.

Therefore, since the notarial deed of this case is null and void because it constitutes a false declaration of conspiracy, the dividend amount of this case against the defendant should be revised as stated in Paragraph (1) of this

[Creditor E did not raise an objection and the amount of dividend has been determined, so the remaining amount of dividend is 40,652,160 won (actually.).