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(영문) 수원지방법원평택지원 2016.09.13 2016가단42027
배당이의
Text

1. The instant lawsuit shall be dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The plaintiff's ground for the claim of this case is as follows.

In other words, the Plaintiff and Defendant Company concluded a CM service contract on October 2, 2013, but the Defendant deposited KRW 1550 million in the Plaintiff’s account, not the Plaintiff Company, to the Nonparty D’s account, the representative director, and thereafter filed a complaint against D as fraud, and the crime was recognized. Since April 2, 2013, the date of the CM service contract, the E Free Zone Zone 1 and two districts in the E Free Zone Industrial Complex after August 4, 2014, and even if it was confirmed only to the E Free Zone Office in the course of entering into a large contract, the progress of the business was impossible. In light of the above, the Defendant asserted to the effect that the Defendant solely entered into a contract with D and thus, it cannot be held liable to the Plaintiff, and thus, it should be deleted the dividend amount of the Defendant’s dividends in the distribution schedule as stated in the purport of the claim, and distributed the amount to the other creditors at the ratio of the claim amount.

However, in a case where a debtor raises an objection against a distribution schedule prepared in the distribution procedure, the debtor who has raised an objection against a creditor who does not have an executory exemplification, shall file a lawsuit of demurrer against distribution, and the debtor who has raised an objection against a creditor who has an executory exemplification shall file a lawsuit of objection against a claim (Articles 256 and 154(1) and (2) of the Civil Execution Act), and the lawsuit of objection against a creditor who has an executory exemplification, not a lawsuit of objection against a claim against a creditor who has an executory exemplification

An obligor who has raised an objection against a creditor with executive title within one week from the date of distribution, along with the evidentiary documents of filing a lawsuit of demurrer, and the authentic copy of a judgment of suspending execution based on such lawsuit, shall be submitted to the executing court. If the obligor fails to submit any of such documents, the executing court shall file a lawsuit of objection within the said period.

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