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(영문) 울산지방법원 2019.10.30 2019가단7111

배당이의

Text

1. The defendant among the distribution schedule prepared on June 10, 2019 by the above court with respect to distribution procedure D cases in the Ulsan District Court.

Reasons

1. The description of the claim is as shown in the annexed sheet of claim.

2. Judgment on deemed confessions of applicable provisions of Acts (Article 208 (3) 2 of the Civil Procedure Act);

3. Re-preparation of a distribution schedule;

A. In a case where several creditors file a lawsuit of demurrer against each other and seek to distribute all or part of the dividends to the other party individually, in a case where each of the above lawsuits is consolidated by the same division, it is possible to order the re-preparation of the distribution schedule by specifying the amount of dividends disputed in the main text. However, in a case where each of the above lawsuits is concurrently examined or is tried in another division, it is inappropriate to set the creditors entitled to receive dividends and the amount thereof by judgment, and thus, it is not appropriate to set the distribution schedule again by undergoing other distribution procedures.

(See the latter part of Article 157 of the Civil Execution Act).

According to the health stand, Gap evidence No. 1, and the purport of the whole facts and arguments in this court as to the instant case, in addition to the plaintiff, E and F appeared on the date of distribution of the instant distribution procedure and made an objection to distribution, the facts as to E (Ulsan District Court 2019Kadan7081), F [Slsan District Court Decision 2019Gadan7432 Decided September 26, 2019)] as to the first instance judgment (Slsan District Court 2019Na7432 Decided September 26, 2019), the appellate court (Ulsan District Court 2019Na15328) may recognize the fact that each lawsuit of demurrer against the defendant is pending, and it is inappropriate to determine the amount with the creditors entitled to distribution between the plaintiff and the defendant in this judgment.

Therefore, the amount of dividends to the defendant in the distribution schedule of this case shall be corrected to 8,843,058 won, and the distribution court shall, pursuant to the latter part of Article 175 of the Civil Execution Act, re-preparation the distribution schedule after the judgment and judgment of each lawsuit became final and conclusive, order the distribution court to distribute the dividends in proportion to the order of claims of each creditor and each claim amount.