배당이의
The judgment of the first instance court is modified as follows.
A. As to the distribution procedure case of the Gwangju District Court E. The above court.
Basic Facts
A. The Defendants were issued by F a certificate of the fairness of a bill with executory power of each obligee and F as each obligee and each obligor (hereinafter the Defendants were issued by F, referred to as “each of the instant fairness certificates,” and among them, refer to Defendant D’s certificate of the fairness of the bill, and thus, referred to as “the fairness of the bill of this case”). The Defendants were creditors subject to a seizure and collection order against G corporation based on the original of each of the instant fairness certificates, and were also creditors subject to a seizure and collection order against F’s above claims. The Plaintiffs also were creditors subject to a seizure and collection order against F.
B. On April 17, 2019, G Co., Ltd. deposited KRW 146,422,171 (hereinafter “instant dividend procedure”) the Gwangju District Court prepared a distribution list to the Plaintiff (the amount of credit 105,698,39 won), 6,391 won, and Defendant B (the amount of credit 221,122,152 won) 12,661,664 won, Defendant C (the amount of credit 28,041,485 won), 16,493,529 won, and Defendant D (the amount of credit 221,207,584 won) to pay dividends of KRW 12,66,56,56 won, respectively (hereinafter “instant distribution list”).
(c)
On April 17, 2019, the Plaintiff appeared on the dividend date of the instant distribution procedure, and raised an objection against each of the Defendants’ dividends, and filed the instant lawsuit on April 24, 2019.
[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1, 2, 3, and 6 (including numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The plaintiff's assertion
A. The Defendants jointly asserted with the Defendants, even though they did not have any claim against F, conspired with F to prepare each of the instant fairness certificates, and accordingly participated in the distribution procedure of this case by receiving a seizure and collection order.
Therefore, the total amount of the Defendants’ dividends should be distributed to the Plaintiff.
B. Defendant B’s assertion against Defendant B, even if so, a fair certificate is based on the false labelling of this section between Defendant B and F.