배당이의
1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. On October 29, 2018, the Suwon District Court made a distribution schedule (hereinafter “instant distribution schedule”) to the Plaintiffs and the Defendants as provisional seizure right holders, Defendant D as seizure right holders and collection right holders, and Defendant E demanded distribution as collection right holders. On October 29, 2018, the said court prepared a distribution schedule with respect to the Plaintiffs and the Defendants as shown in the attached schedule (hereinafter “instant distribution schedule”).
B. The Plaintiffs raised an objection to the total amount of dividends to the Defendants on the aforementioned date of distribution, and thereafter filed the instant lawsuit on November 2, 2018, within seven days thereafter.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiffs’ claim against Defendant D’s claim amounting to KRW 104,850,00, and Defendant E’s claim amounting to KRW 104,850,000, despite the absence of Defendant E’s claim, the Defendants received dividends by pretending to have such claim amount. Therefore, the amount of dividends against the Defendants out of the instant distribution schedule should be deleted, and the distribution schedule should be revised by allocating the pertinent amount to the
B. In full view of the overall purport of the arguments in the evidence Nos. 1 and 2 of the judgment Nos. 1 and 2, it is reasonable to view that Defendant A has the following claims for KRW 174,650,000 according to the decision of recommending reconciliation, KRW 21,250,000 according to the decision in lieu of conciliation, and the damages for delay related thereto, and Defendant E has the claims for damages incurred therefrom, as well as KRW 33,80,000 according to the decision in lieu of conciliation.
① In the Seoul Central District Court Decision 2017Kadan5130240, which filed against Defendant D with Defendant D, the Seoul Central District Court rendered a ruling of recommending settlement that “G shall pay KRW 174,650,000 to Defendant D” on November 28, 2017, and the said ruling became final and conclusive on December 16, 2017.
Defendant D, based on the original copy of the above Reconciliation Recommendation, to KRW 40,000,000,000, the remainder of KRW 134,650,00 in Suwon District Court Decision No. 2018,00.