배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion is between the defendant's chief director D and the defendant's chief director D.
D has shown a lot of benefits due to overdue interests through auction due to the difficulty of the plaintiff's business, so this court E tried to reduce all overdue interests in this case.
However, the Defendant did not comply with this and was decided to pay dividends in excess of KRW 37,483,310 in the case of the application for the auction of real estate C in this Court.
Therefore, the distribution schedule should be revised as stated in the purport of the claim.
2. The burden of proof as to the grounds for objection against distribution in a lawsuit of demurrer against distribution is also in accordance with the principle of distribution of the burden of proof in general civil procedure. In the event that the plaintiff claims that the defendant's claims were not constituted, the defendant is liable to prove the facts of the cause of the claim, and where the plaintiff claims that the claims were invalid as a false declaration of conspiracy or extinguished as a result of repayment
(see, e.g., Supreme Court Decision 2005Da39617, Jul. 12, 2007). The evidence submitted by the Plaintiff alone is insufficient to recognize the fact that the Plaintiff received overdue interest from the Defendant, and there is no evidence to prove otherwise.
The plaintiff's claim is without merit.
3. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition by the court below.