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(영문) 대전지방법원 2016.10.13 2015가단35819

배당이의

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Since the plaintiffs' claims against the defendant P Co., Ltd. (hereinafter "foreign P Co., Ltd.") are claims based on false conspiracy with the defendant's claim, the amount of dividends against the defendant, such as the purport of the claim, shall be deleted and distributed to the plaintiffs.

2. Determination on the cause of the claim

A. The burden of proof as to the grounds for objection to a distribution in a lawsuit of demurrer is in accordance with the principle of distribution of the burden of proof in general civil procedure. Therefore, in a case where the plaintiff asserts that the defendant's claim has not been constituted, the defendant is liable to prove the facts of the cause of the claim, and in a case where the plaintiff claims that the claim was invalid as a false declaration of agreement or extinguished as

(See Supreme Court Decision 2005Da39617 Decided July 12, 2007, etc.). B.

Comprehensively taking account of the overall purport of arguments in the statement in Eul evidence Nos. 1 through 3, Eul evidence Nos. 4-1 through 16, and Eul evidence No. 5, the non-party company did not pay transportation charges to the non-party company from January 1, 2015 to March 17, 2015, in light of the fact that the non-party company received transportation claims from the defendant and received transportation charges from the non-party company to the non-party company and received transportation charges from the non-party company and received transportation charges from the non-party company to the non-party company 10, 30, 300, 305, 40, 300, 305, 300, 400, 300, 305, 300, 400, 205, 205, 300, 300, 300, 400, 2015.

C. The defendant's claim is recognized as a claim based on the false declaration of conspiracy only with the statement of evidence Nos. 1 and 3 as to the false claim Gap and the fact-finding with the Korea Etain Co., Ltd. in this court.