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(영문) 대전지방법원서산지원 2016.04.29 2016가단488
배당이의
Text

1. The part demanding the correction of the distribution schedule exceeding KRW 2,160,000 among the lawsuit in this case shall be dismissed.

2. The plaintiff.

Reasons

1. We examine the legitimacy of the part seeking rectification of the distribution schedule exceeding KRW 2,160,000, among the instant lawsuit, ex officio determination as to whether the part seeking rectification of the distribution schedule exceeds KRW 2,160,000 among the instant lawsuit.

From 5,747,607 to 2,183,814 to reduce the dividend amount to the Defendant among the instant dividend table, the Plaintiff sought to correct the instant dividend table with the content that the said KRW 2,183,814 to increase the dividend amount to the Plaintiff.

However, since a lawsuit of demurrer against a distribution is aimed at preventing other creditors from receiving dividends in accordance with the distribution schedule and seeking the confirmation of the amount of dividends as alleged by the plaintiff, there is no profit to file a lawsuit of demurrer against a distribution insofar as the distribution has been already completed and the distribution procedures have been

I would like to say.

(See Supreme Court Decision 65Da647 delivered on May 31, 1965). In full view of the purport of the whole pleadings in Gap evidence No. 6 (including provisional numbers), the plaintiff appeared on the date of distribution of this case and raised an objection only to KRW 2,160,000 out of the amount of dividends to the defendant. Other creditors did not raise an objection to the amount of dividends to the defendant. Accordingly, the amount exceeding the above KRW 2,160,000 out of the amount of dividends to the defendant is already distributed and the distribution procedure is terminated.

Therefore, since the part seeking the correction of a distribution schedule exceeding KRW 2,160,000 among the lawsuit in this case was already conducted and the distribution procedure has been completed, it shall be deemed unlawful as there is no benefit in filing a lawsuit of demurrer against distribution.

2. Determination on the part of the claim seeking correction of the distribution schedule within the scope of KRW 2,160,000 as above

A. The Plaintiff’s assertion indicated the amount claimed to the executing court prior to January 13, 2016, including the amount of KRW 20,000,000 as principal and KRW 34.8% per annum from January 10, 2015 to January 13, 2016, plus the amount of overdue interest of KRW 7,036,273,273.

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