배당이의
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On March 24, 2014, the KT Construction Co., Ltd. (hereinafter “Nonindicted Company”) deposited all of KRW 60,808,829 (Seoul Western District Court Decision 2010Da1025, Apr. 25, 2014, on the ground that there exists competition, such as seizure, with respect to the debt owed to E Co., Ltd. (hereinafter “E”) (hereinafter “instant deposit”).
B. In the instant distribution procedure regarding the instant deposit, at KRW 60,802,718, the amount to be actually distributed on May 14, 2014, the instant distribution schedule was prepared to distribute the amount of KRW 9,545,616 out of the amount of credit 13,64,540,540, and KRW 51,257,102 out of the amount of credit 73,267,090 to Defendant C.
C. On May 14, 2014, the date of distribution of the instant distribution procedure, the Plaintiff raised an objection against the Defendants regarding the entire amount of dividends among the instant distribution schedule, and filed a lawsuit of demurrer against distribution on May 15, 2014.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 2, 3, 4, 5, and 8, the purport of the whole pleadings, and records evident to the court below
2. The assertion and judgment
A. (1) The Plaintiff asserted that the non-party company entered only E, the Plaintiff, and F as the deposited person while depositing the instant case, and did not state the Defendants. Therefore, the Defendants are not entitled to receive the distribution of the instant deposit.
Therefore, the entire dividend amount to the Defendants should be deleted and distributed to the Plaintiff.
(2) Since the Defendants’ claims against E are false claims, the entire amount of dividends against the Defendants shall be deleted and distributed to the Plaintiff.
(3) The instant deposit money shall be distributed in proportion to the amount of the Defendants’ claim as the creditor of provisional seizure and the amount of the Plaintiff’s claim as the transferee of the claim.
B. (1) Determination
(1) The deposit of this case in the judgment on the claim of Paragraph (1) is made by the non-party company for the repayment of the debt to E (Article 487 of the Civil Act) and the objection.