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(영문) 서울서부지방법원 2018.07.12 2017가단22080
배당이의
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. On July 24, 2017, the Defendant received the collection order for the instant claim seizure and collection (hereinafter “instant claim seizure and collection order”) with the Seoul Western District Court Decision 2017TTTTTT 201, 13 companies, such as the debtornetia, the garnishee obligor SK Co., Ltd., and the claim amounting to KRW 112,530,010,010. The instant claim seizure and collection order was served on SK Co., Ltd. on July 26, 201.

B. On August 10, 2017, KS Co., Ltd. deposited KRW 46,948,000 as Seoul Western District Court No. 3421 in 2017, pursuant to Article 248(1) of the Civil Execution Act, and submitted a report on the reason of deposit on the 18th day of the same month.

C. On the other hand, on September 15, 2017, the Plaintiff (Appointed Party) filed an application for demand for distribution with the above court.

B. From October 30, 2017, the distribution schedule was prepared with respect to the distribution procedure of Seoul Western District Court C (hereinafter “instant distribution procedure”) to distribute the total amount of KRW 46,949,427 to the Defendant on October 30, 2017. Accordingly, the Plaintiff (Appointed Party) stated an objection against the total amount of the Defendant’s dividends on the said distribution date and filed the instant lawsuit on November 6, 201 of the same year.

[Ground of recognition] Facts without dispute, Gap 6, 7 evidence, Eul 4 and 9 evidence, significant facts, and purport of the whole pleadings

2. Determination on the defense prior to the merits

A. As to the Plaintiff (Appointed Party)’s claim that the distribution schedule should be revised, as stated in the purport of the claim, as the collection order does not specify the claims to be seized, the seizure and collection order of the instant case is null and void, the Defendant did not have lawfully demanded a distribution, and thus, the Defendant did not have the standing to file a lawsuit of demurrer against distribution.

B. A person who has standing to sue of a lawsuit of demurrer against distribution is present on the date of distribution and raised an objection under the substantive law against the distribution schedule, and as a creditor, he/she shall be present on the date of distribution.

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