배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The plaintiff asserts that in the distribution procedure stated in the purport of the claim, the payment order for the loan case against the non-party D by the defendant, who is a dividend creditor, is invalid as it is based on the most claim, and thus excluded from the dividend.
The burden of proof in a lawsuit of demurrer against distribution shall also be in accordance with the principle of allocation of burden of proof in general civil procedure. Therefore, in the event that the plaintiff claims that the defendant's claim has not been constituted, the defendant is liable to prove the fact of the cause of the claim, and in the event that the plaintiff claims that the claim has become null and void as a false declaration of agreement or disappeared by repayment
(See Supreme Court Decision 2005Da39617 Decided July 12, 2007, etc.). If the purport of the entire pleadings is added to each of the statements in Eul evidence Nos. 1 through 3, the defendant had a claim for the borrowed money and the construction cost against non-party D from around 2002 to the non-party D, and it is recognized that the defendant was ordered to pay the borrowed money and the construction cost as KRW 5,769,168,645 with the claim amount as KRW 5,769,168,645, on the other hand, the evidence submitted by the plaintiff alone is insufficient to acknowledge that the claim based on the above payment order is the largest claim, and there is no other evidence to prove this otherwise.
Therefore, the plaintiff's above assertion is without merit.
Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.