배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. In the distribution proceeding B by the Chungcheong District Court, the Plaintiff, who is the debtor Eul, participated in the collection obligee based on the above court’s seizure and collection order (the amount of claim KRW 10,176,335) and the above court’s seizure and collection obligee based on the collection order (the amount of claim KRW 10,176,35). The Defendant participated in the collection obligee based on the above court’s seizure and collection order (the amount of claim KRW 302,115,627).
B. On September 28, 2016, the said court drafted a distribution schedule that distributes KRW 5,041,946 to the Plaintiff, in proportion to the amount of each claim claim, KRW 164,297, and KRW 4,877,649, respectively, to the Plaintiff, in proportion to the amount of each claim claim, the amount of KRW 5,056,146, which is to be distributed as dividends in the said distribution procedure (hereinafter “instant distribution schedule”).
[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings
2. Judgment on the plaintiff's claim
A. The Plaintiff’s alleged claim claims asserted in the above distribution procedure do not exist as false claims. As such, the amount of dividends against the Defendant should be revised to KRW 0,00,000, and all the amount of dividends paid to the Defendant should be distributed to the Plaintiff. As such, the amount of dividends against the Plaintiff should be revised to KRW 5,041,946 (= KRW 164,297, KRW 4,877,649).
B. However, inasmuch as there is no evidence to acknowledge that the claims alleged by the Defendant in the above distribution procedure were false claims, in full view of the purport of the entire pleadings in the statement in the evidence Nos. 1 and 2, C, a stock company, obtained loans of KRW 300,00,000 from the Korean Bank on May 24, 201, and at the time, the Defendant jointly guaranteed the above loan obligations. As such, it is recognized that the Defendant paid the above principal and interest of KRW 300,841,725 to the Korean Bank on April 11, 2016 to the Korean Bank on behalf of the Defendant as of April 11, 2016, according to the fact of the above recognition, the Defendant was paying the said principal and interest of KRW 300,841,725 to C.