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1. The distribution procedures B prepared on March 25, 2015 by the said court with respect to the distribution procedures case set forth in the Suwon District Court Ansan Branch B.
Reasons
1. Basic facts
A. A bankrupt Co., Ltd. (hereinafter “Bankruptcy”) filed a petition for bankruptcy with the Suwon District Court on November 13, 2014, on September 30, 2014, on the grounds of the decline in sales and the occurrence of defective products, etc.
B. On January 5, 2015, the above court rendered a ruling of bankruptcy against the bankrupt (2014Hahap1008), and on the same day, the Plaintiff was appointed as the bankruptcy trustee of the bankrupt.
C. On the other hand, on October 4, 2014, the bankrupt transferred KRW 115,620,000, out of the bankrupt’s claims against D&M, to the Defendant East Co., Ltd., and KRW 187,584,01, out of the bankrupt’s claims against D&M, to the Defendant E.S. Co., Ltd., and around that time, notified D& of the transfer of the above claim.
ADM Co., Ltd., the debtor of the bankrupt, deposited KRW 152,40,840 in the Incheon District Court (deposit No. 9214 in 2014) on November 5, 2014 (Deposit No. 9214 in order to pay KRW 152,40,840 in the amount of goods to be paid to the bankrupt, which is the debtor of the bankrupt. The Suwon District Court held the distribution procedure for the said deposited money B. On March 25, 2015, the Suwon District Court prepared a distribution schedule that distributes the amount of KRW 53,318,191 out of the total amount of KRW 152,508,80 in which the expenses for execution are to be limited on the date of distribution in the dividend procedure case at issue, to the plaintiff, and KRW 115,620,00 in the amount of KRW 187,584,01 as the transferee of the claim.
E. Accordingly, on March 25, 2015, the Plaintiff appeared on the date of distribution of the dividend procedure case, and raised an objection to the entire dividend amount of the Defendants. The Plaintiff filed a lawsuit of demurrer against distribution on March 27, 2015, within one week thereafter.
【Ground of recognition】 Each entry of evidence Nos. 1 through 6, and the purport of the whole pleadings
2. Determination
A. The Plaintiff’s assertion was made by the bankrupt in excess of his/her liability.