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(영문) 대전지방법원 2016.07.20 2015가합104972
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From the Daejeon District Court B’s distribution procedure (hereinafter “instant distribution procedure”), July 28, 2015, the following distribution schedule was prepared on July 28, 2015:

(hereinafter) [Attachment Schedule] 43,712,90,712,902,900 of the total amount of claims for dividends distributed to creditors with dividends priority is 45,00,712,90,400: (a) the entire right holder of the Plaintiff (Seoul District Office, Daejeon District Court) 189,246,810 189,246,810 10 (the right holder of the attachment of Daejeon District Office, 22,290,290,290,290 145,00,0045,000,00232,40,400,32,400,402, 32,400, 340, 340, 3140, 340, 240, 340, 2531, 40, 294, 294, 304, 2013

B. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection to the entire amount of distribution to the Defendant among the instant distribution schedule, and filed the instant lawsuit on August 3, 2015.

2. The Plaintiff’s assertion and D, E, and F G (hereinafter “Defendant, etc.”) asserted that they were employed and employed by H company in the instant dividend procedure, and received dividends in the position of wage creditors.

However, since the defendant's claim against H company is false claims, 110,938,200 won should be deleted out of the amount distributed to the defendant, etc.

3. Determination

A. A lawsuit of demurrer against distribution is sought for the modification of a distribution schedule or the preparation of a new distribution schedule in order to reduce the amount of distribution by those who are recorded as dividend in the distribution schedule so that they can be distributed to themselves. As such, the plaintiff is in the lawsuit of demurrer against distribution.

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