A. In the Suwon District Court C’s distribution procedure case where the Plaintiff is the creditor or D (hereinafter “D”), the said court drafted a distribution schedule in which the Defendant would distribute the amount of KRW 3,721,392 (5.682%) to Esal Development Co., Ltd. (hereinafter “Esal Development”), the creditor of the same order, among KRW 65,491,775, the amount to be actually distributed after deducting the execution cost on November 23, 2015 (hereinafter “Esal Development”); KRW 28,003,774 (42.79%) to the Plaintiff; KRW 33,766,609 (59%) to the Defendant in proportion to the amount to be distributed (hereinafter “instant distribution schedule”).

B. The Plaintiff stated an objection to the total amount of dividends against the Defendant among the distribution schedule of this case and filed a lawsuit of demurrer against the distribution of this case.

[Reasons for Recognition] The descriptions of evidence Nos. 9 and 10, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion that the Plaintiff: (a) as the Defendant submitted a promissory note No. 250,000 won in face value (hereinafter “instant promissory note No. 1”) prepared between D and D on July 23, 2015 as an executive title, the said distribution schedule was prepared; (b) the Defendant does not have any claim equivalent to D with respect to the said amount; and (c) therefore, the part against the Defendant in the instant distribution schedule is unlawful.

In regard to this, the Defendant: (a) determined and lent KRW 100 million to E (hereinafter “E”) 3% of the interest per month for construction expenses to D’s construction work; (b) on the ground that E failed to pay the construction expenses from D, the Defendant did not pay the above loan at the due date; (c) on January 30, 2015, the Defendant acquired the construction payment claim claim against E from E to E; and (d) on July 23, 2015, the Defendant received the registration of the promissory note in this case from D and received dividends on the ground of the completion of the registration of the claim, and accordingly, received dividends from D to the Defendant under the instant distribution schedule.