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(영문) 수원지방법원 2014.04.29 2013가단78446
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted as to the cause of the claim bears the Defendant’s principal amounting to KRW 10 million and KRW 21,488,840 (the claimed amount in the auction procedure stated in the purport of the claim).

In addition to the defendant, the plaintiff was also liable to the National Bank of Korea for senior mortgage debt rather than the defendant, and was liable to the Personal Savings Bank of the same order for KRW 2 billion. Thus, in the auction procedure stated in the purport of the claim as to the Fitre Housing No. 102 held by the above National Bank of Korea and the defendant as requested by the plaintiff, the defendant was liable to receive only a part of the amount of the claim even if the above housing was sold at the auction procedure.

In this situation, the plaintiff's proposal made an agreement between the defendant and the defendant on the condition that the plaintiff repays the remaining debts of KRW 10 million.

Nevertheless, unlike the above agreement, the Defendant submitted a claim statement demanding the distribution of the total amount of KRW 31,488,840 in the above auction procedure, and this court prepared a distribution schedule on August 1, 2013 that the Defendant distributes the total amount to the Defendant.

Therefore, the amount of dividends to the defendant should be KRW 10 million, which is the amount agreed upon between the plaintiff and the defendant, and the remaining amount should be distributed to the plaintiff, and the above distribution schedule should be revised.

2. According to the reasoning of the judgment No. 1 and No. 5, G in charge of the Defendant’s employee G is required to reduce the Plaintiff’s liability on July 9, 2013.

(b) the statement and the document of its preparation, sent by facsimile, and is required to be reduced or exempted;

The contents of the request made in the Cheong-gu Preparation Act stating that “10 million won out of the total amount of debt shall be paid in lump sum by July 19, 2013, on condition that it shall be paid in lump sum,” and the request for termination of reduction and exemption of individual interest shall be made separately,” and the plaintiff shall be deemed as it is, and the statement

Although it can be recognized that the statement was prepared and sent to the defendant, it is insufficient to deem that there was an agreement on debt reduction and exemption against the plaintiff only by the fact of the above recognition.

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