2. Article 208 (3) 1 and Article 257 of the Civil Procedure Act.

3. The Plaintiff partially dismissed claims the deletion of the portion exceeding his/her claim amount from the distribution schedule to the amount of dividends against the Defendant.

However, since a lawsuit of demurrer against a distribution filed by a creditor is to resolve a dispute over the amount of dividends among creditors who are the opposing parties, the judgment of the lawsuit should change the ownership of the portion of dividends in dispute among creditors who are the original defendant. Therefore, in calculating the amount of dividends which belongs to the plaintiff among the portion of dividends in dispute where the defendant's claims are deemed nonexistent, it is not necessary to take into account the claims of other creditors who did not raise an objection into account in calculating the amount of dividends which revert to the plaintiff among the portion of dividends in dispute, and

The same shall also apply

(2) The Plaintiff’s claim on the amount of dividends against the Defendant exceeding the amount of the Plaintiff’s claim is without merit. Thus, the Plaintiff’s claim on the amount of dividends against the Defendant exceeding the amount of the Plaintiff’s claim is without merit.