1. The instant lawsuit shall be dismissed.

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

1. Facts of recognition;

A. The Defendant, with respect to promissory notes of KRW 145,229,201 issued by the Plaintiff, was prepared with respect to promissory notes of KRW 145,229,201, as a legal entity’s movable property, and received the said promissory notes as a claim bond, and received a seizure and collection order under the Seoul Central District Court No. 2012TTT756 as to the claim for the return of lease deposit to be

B. Based on the above seizure and collection order, the Defendant made a demand for distribution in the above court C/C distribution procedure by setting the above promissory note gold claim as the claim for distribution.

C. On April 4, 2014, the Seoul Central District Court, a executing court, drafted a distribution schedule that distributes KRW 55,479,741 to the Defendant.

On April 4, 2014, the Plaintiff raised an objection against the entire amount of claims and the amount of dividends of creditors including the Defendant on the date of distribution, and filed a lawsuit of demurrer against distribution on April 9, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 8, Eul evidence 1, the purport of the whole pleadings

2. Where the debtor raises an objection against the distribution schedule prepared in the health stand ex officio as to whether the lawsuit of this case is lawful, the debtor who has raised an objection against the creditor who does not have an executory exemplification of executive titles shall file a lawsuit of demurrer against distribution, and the debtor who has raised an objection against the creditor who has an executory exemplification of executive titles shall file a lawsuit of objection against the claim.

(see Articles 256 and 154(1) and (2) of the Civil Execution Act. Therefore, in a case where a debtor raises an objection against a creditor who has an executory exemplification on the date of distribution, and thereafter files a lawsuit of demurrer against a distribution, not a lawsuit of demurrer against the said creditor, the said lawsuit of demurrer against distribution is unlawful.

(See Supreme Court Decision 2004Da72464 delivered on April 14, 2005). As seen above, as seen in the above facts of recognition, the Defendant, who is a dividend creditor, holds a promissory note notarial deed against the Plaintiff.