배당이의
1.The judgment of the first instance shall be modified as follows:
Of the instant lawsuit, the amount of dividends to the Defendant KRW 624,609,135.
1. The reasoning for the court’s explanation on this part is as stated in Article 420 of the Civil Procedure Act, except for adding “Defendant A” under the second sentence at the bottom of the third part of the judgment of the court of first instance to “E”, and “Plaintiff A” under the fourth part of the judgment of the court of first instance and “Defendant A” on December 11, 2015,” and thus, the reasoning for the judgment of the court of first instance is as stated in Article 420 of the Civil Procedure Act.
2. Determination as to the legitimacy of the part of expansion of the claim in the instant lawsuit
(a) A lawsuit of demurrer against distribution shall be filed by a person who has appeared on the date of distribution and raised an objection within one week from the date of distribution;
(Article 154(3) of the Civil Execution Act. Therefore, it is possible to expand the purport of a claim within the extent of having raised an objection on the date of distribution before the period for filing a lawsuit expires. However, where expanding the purport of a claim after the period for filing a lawsuit expires, the extended part of a lawsuit that has been instituted subsequent to the period for filing
B. The fact that the Plaintiff appeared on the date of distribution on December 11, 2015 and raised an objection against the Defendant as to the full amount of the dividend amount against the Defendant is recognized as above. The Plaintiff filed the instant lawsuit on December 16, 2015, and sought correction of the amount of dividends to the Defendant at KRW 624,609,135,130,000, and the amount of dividends to the Plaintiff at KRW 296,009,135,000, respectively, from which the Plaintiff sought correction of the amount of dividends to the Defendant on December 16, 2015, is evident that the Plaintiff sought the full deletion of the amount of dividends to the Defendant on June 1, 2016.
C. If so, the part of the instant lawsuit, which expanded the purport of the claim as above, that is, the deletion of the dividend amount of KRW 328,600,000 against the Defendant and corresponding corresponding deletions, out of the dividend amount of KRW 624,609,135, and the part seeking an increase of the dividend amount against the Plaintiff, is unlawful, since it is apparent that the claim was filed one week after the lapse of one week from December 11, 2015, the date of distribution is the date of filing the lawsuit.
3. Judgment on the merits of the remaining claims of the plaintiff
(a)a summary of the Parties’ assertion 1.