배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1.The following facts do not conflict between the Parties:
The Plaintiff’s monetary claim amounting to KRW 150 million against C (hereinafter “C”) was provisionally seized on the basis of the claim to return the loan amounting to KRW 150 million against C (hereinafter “C”), and C deposited KRW 150 million of the deposit amount in the provisional seizure.
(Seoul Central District Court No. 10384, 2015).(b)
From January 21, 2016, the distribution schedule (hereinafter referred to as the “distribution schedule of this case”) was prepared in order to distribute dividends of KRW 75,022,562 (50,000,000,000,000) to the Defendant, who is the person holding the provisional attachment (Seoul District Court 2015Kadan1837) with respect to the above amount of deposit at the court (hereinafter referred to as “the distribution schedule of this case”) and to the Defendant, who is the full right holder (this court 2015TTT 21731), KRW 75,022,563 (15,00,000,000, and 50%).
C. Accordingly, the Plaintiff raised an objection to the dividend amount against the Defendant among the instant dividend table, and filed a lawsuit of demurrer against the distribution of the instant case.
2. Determination as to the cause of action
A. In full view of the following circumstances, the Plaintiff’s assertion 1) committed an act of lending KRW 300 million to C on July 22, 2015, the Defendant’s act of lending KRW 300 million to C is not the actual loan for consumption. Therefore, the Defendant’s dividends to the Defendant, the largest creditor, is unreasonable. On July 22, 2015, the Defendant opened a new passbook at the IBK Bank D branch located in Gwangju Metropolitan City, and deposited KRW 300 million in cash at the IBK Bank E branch located in Gwangju Metropolitan City after approximately 12 minutes, and deposited KRW 300 million to C on the ground of forced transfer at the IBK Bank E branch located in Gwangju Metropolitan City after approximately 12 minutes, and the Defendant appears to have been more easy to transfer KRW 300 million to C immediately after opening the passbook at the D branch on July 22, 2015, and the said branch is established at the distance of 300 million from Gwangju Metropolitan City to 10 minutes after the new passbook.