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(영문) 서울중앙지방법원 2014.09.15 2014가단51433
배당이의
Text

1. Of the distribution schedule prepared on March 7, 2014 by the above court with respect to the distribution procedure case of Seoul Central District Court D, the Plaintiff.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. Reasons for partial dismissal: The Plaintiff sought to correct the Plaintiff’s dividend amount of KRW 30,00,000,00, which has increased the Plaintiff’s dividend amount of KRW 28,694,931, and stated the Plaintiff’s claim in its purport that the Defendants’ total dividend amount of KRW 41,219,955 is deleted (0 won).

However, the lawsuit of demurrer against distribution is to settle the dispute over the dividend amount between the creditor who has raised an objection in the distribution procedure and the creditor who is the other party to the objection.

Therefore, in this case, even if the Defendants’ claims are all false, the remainder exceeding the Plaintiff’s claim amount out of the distribution amount of the dispute dividends shall be maintained as the Defendants’ dividend amount.

(See Supreme Court Decision 98Da3818 delivered on May 22, 1998, etc.). Accordingly, as sought by the Plaintiff, KRW 30,00,00, which is the Plaintiff’s claim amount, shall be the amount of dividends to the Plaintiff, and the remaining dividends of KRW 12,525,024 (=amount of KRW 42,525,024 to be actually distributed - amount of dividends of KRW 30,00,00 to the Plaintiff - Amount of dividends of KRW 611,819,178, Defendant C: KRW 335,716,164) shall be divided in proportion to the amount of claims of the Defendants (Defendant B: KRW 8,087,408, Defendant C: KRW 437,6166).

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