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(영문) 의정부지방법원 2015.02.03 2014가단27173
배당이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Determination as to the legitimacy of the instant lawsuit

A. As to the instant lawsuit brought by the Plaintiff to the effect that the distribution schedule prepared to distribute KRW 25,065,344 to the Defendant in the Kui-Government District Court C dividend procedure, which had already been repaid the claim against nico Co., Ltd. in another auction procedure, was unfair, and that the distribution schedule should be revised by adding it to the Plaintiff, the Defendant asserts that the instant lawsuit constitutes a duplicate lawsuit of demurrer against the distribution of KRW 25,065,344, which was implemented with respect to nico’s property as to nico’s property, and that the distribution schedule should be revised by adding it to the Plaintiff.

B. Comprehensively taking account of the facts indicated in the evidence Nos. 1 and 2, the Plaintiff, prior to the filing of the instant lawsuit, filed a lawsuit against the Defendant on February 27, 2014, which was the same as the instant lawsuit, and served on the Defendant on March 7, 2014 by the said complaint. However, the instant lawsuit may be acknowledged that the lawsuit continues to exist after being served on the Defendant on July 14, 2014, by serving the duplicate of the complaint on the Defendant.

Therefore, the lawsuit of this case pending later than the previous suit of this case brought by the Plaintiff with the same subject matter of lawsuit against the Defendant constitutes a duplicate suit.

2. According to the conclusion, the instant lawsuit is dismissed as unlawful, and it is so decided as per Disposition.

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