A. The gist of the defense is that the Plaintiff filed the instant lawsuit on April 9, 2018 after seven days from March 14, 2018, where the date of distribution was seven days from the date of filing the instant lawsuit by taking the other person as the Defendant (the name of the corporation is the same as “stock company B” before and after filing an application for the correction of the indication of the party, but is the corporation involved in the voluntary auction case entered in the order after the correction of indication was made) upon the submission of the complaint, and thus, the instant lawsuit was unlawful.

B. Whether a correction of a party indication is permitted shall be based on the principle of the statement in the complaint’s column, and it shall be reasonably determined by comprehensively assessing the purport of the claim, the cause of the claim, and all other materials specified in the lawsuit (see, e.g., Supreme Court Decision 2012Da68279, Aug. 22, 2013). The following circumstances are either recognized or known if there is no dispute between the parties or when the entire purport of the pleading is added, namely, the Plaintiff and the Defendant engaged in the case of voluntary auction application on the text (hereinafter “instant auction procedure”), together with other creditors, etc. In other words, the Plaintiff raised an objection against the total amount of dividends and surplus of the corporation B on the date of distribution on March 14, 2018, and the Plaintiff filed the instant lawsuit within seven days on the date of distribution, and in light of all the materials indicated in the record of the instant case, including the purport of the complaint, the cause of the claim, and the cause of the claim, etc., the change of the party indication constitutes a correction of party indication.

2. Determination as to the claim

A. In an auction procedure under the Civil Execution Act, where the person who created the right to collateral security is identical with the debtor, the maximum debt amount of the right to collateral security shall be apportioned to the creditor who is entitled to receive dividends under Article 148 of the Civil Execution Act or the third acquisitor