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(영문) 광주지방법원순천지원 2016.06.02 2015가단15980
배당이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. Defendant B received a payment order against the Plaintiff on November 19, 1999, ordering the Plaintiff to pay KRW 130 million and damages for delay in the loan case of the Hancheon District Court 9j5453, the Hancheon-si District Court 99j. 5453. The above payment order was finalized on January 22, 200.

Defendant C received a payment order against the Plaintiff on November 19, 1999 to pay KRW 150,000,000 as well as damages for delay, in the loan loan case of the Hancheon District Court 99j5416, which was rendered against the Plaintiff. The above payment order was finalized on January 22, 200.

Defendant D received a payment order against the Plaintiff on March 22, 2000 to pay KRW 150,000,000 and damages for delay, in the case of loans 200Da921,000,000,0000,0000,0000, and the above payment order was finalized on April 13, 200.

B. From October 14, 2015, the distribution schedule was formulated with respect to the Plaintiff, Gwangju District Court Netcheon Branch E (hereinafter “instant distribution procedure”) to distribute KRW 3,576,014 to Defendant B, KRW 3,845,100 to Defendant C, and KRW 23,950,382 to Defendant D (hereinafter “instant distribution schedule”).

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, 6 (including each number), the purport of the whole pleadings

2. The debtor who has raised an objection against the creditor who has an executory exemplification of judgment on the legitimacy of the instant lawsuit, not a lawsuit of demurrer against distribution, but a lawsuit of demurrer against a claim (Article 154(2) of the Civil Execution Act). In a case where the debtor raises an objection against the creditor who has an executory exemplification, and thereafter files a lawsuit of demurrer against distribution against the creditor who has an executory exemplification

(see, e.g., Supreme Court Decision 2016Da2970, May 12, 2016). If so, the Plaintiff, a debtor of the instant distribution procedure, filed a lawsuit of demurrer against the distribution against the Defendants, who are creditors having an executory exemplification of the title.

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