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(영문) 대구지방법원서부지원 2014.11.18 2013가단31667
배당이의
Text

1. Of the distribution schedule prepared on November 5, 2013 by the said court with respect to distribution procedure C cases with the Seogu District Court Seo-gu District Court Branch District Court.

Reasons

1. Facts of recognition;

A. In the distribution procedure C case with the Daegu District Court Seo-gu District Court (hereinafter “instant distribution procedure”), the Plaintiff and the Defendant demanded each of them as the collection authority. On November 5, 2013, the execution court prepared a distribution schedule with respect to the instant distribution procedure case as indicated below (hereinafter “instant distribution schedule”) stating that KRW 34,243,190 shall be distributed as follows (hereinafter “Plaintiff 34,234,8336, 363, 129, 150,00,000,000,880,061 total amount of KRW 34,243,190 shall be deemed to be the distribution schedule.

B. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection to the total amount of distribution to the Defendant, and thereafter, filed the instant lawsuit on November 8, 2013, within seven days thereafter.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 6, purport of whole pleadings

2. Summary of the parties' arguments

A. Since the Plaintiff’s claim is false claims, the full amount of the dividend should be deleted. The deleted dividend amount should be distributed to the Plaintiff within the scope of the Plaintiff’s claim amount.

B. When Defendant D Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) from time to time lend money to Defendant D Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) resulting in a considerable amount of loan loan, the Defendant obtained a promissory note No. 150,000 won at par value from Nonparty Co., Ltd. on or around December 20, 2010, and the Defendant received a promissory note No. 226,000,000 on the basis of the date of distribution of the instant distribution procedure. The Defendant has a

3. Determination

A. The burden of proving the grounds for objection to a distribution in a lawsuit of demurrer against distribution as to whether the defendant's claims are false claims is in accordance with the principle of allocation of the burden of proof in a general civil procedure. In the event that the plaintiff claims that the defendant's claims have not been constituted, the defendant is liable to prove the grounds for the claim, and where the plaintiff claims that the claims are invalid as a false declaration of

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