2. The costs of lawsuit shall be borne by the Plaintiff.

A. On April 6, 2016, the Cheongju District Court drafted a distribution schedule to distribute KRW 142,234,724 to the Defendant and KRW 542,603 to the Plaintiff in the instant distribution procedure case (hereinafter “instant distribution procedure”).

B. On the date of distribution of the said distribution procedure, the Plaintiff raised an objection against the entire amount of distribution to the Defendant, and on April 11, 2016, the Plaintiff filed a lawsuit of demurrer against distribution of the instant case.

[Ground for recognition] Unsatisfy

2. Determination as to the cause of action

A. On September 24, 2015, the Defendant asserted that the non-party company was liable for the dividend procedure of this case (hereinafter referred to as “non-party company”)’s in-house subcontractor, the debtor company of this case, received the judgment of the non-party company’s claim for the payment against the non-party company, with the first knowledge of the risk of the bankruptcy, and received the judgment of the non-party company’s right of title. On September 24, 2015, the Defendant already received the attachment and assignment order (Cheongju District Court 2015TT 6938) regarding the claims against the new company. The Defendant received repayment from the non-party company by taking over the claims against the non-party company’s in-house company in order to secure the claims against the non-party company

Since the defendant's claim against the non-party company has ceased to exist, the remaining amount, excluding the plaintiff's 50 million won out of the amount distributed to the defendant, shall be distributed to the plaintiff.

B. The burden of proof as to the grounds for objection to a distribution in a lawsuit of demurrer against distribution is in accordance with the principle of allocation 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 where the plaintiff claims that the claim has become null and void as a false declaration of agreement