Whether it constitutes duplicate dividends

Even if the additional charges claimed by the Defendants are added, it is difficult to deem that there is no need to receive dividends in this court auction case since the amount received by the trustee in bankruptcy in the Gwangju District auction case.

Suwon District Court 2016Na63248 Demurrer against Distribution

U.S.

Korea

Suwon District Court Decision 2015Da120389 Decided June 30, 2016

May 12, 2017

June 23, 2017

1. All appeals filed by the Defendants are dismissed. 2. Costs of appeal are assessed against the Defendants.

1. Purport of claim

In relation to Suwon District Court 2012 Doz. 66616, the same court shall have the same court in relation to the auction of real estate.

Of the distribution schedule prepared, the amount of dividends to the plaintiff 3,023,780,194 won 3,111,009,494 won, and the defendant defendant

47,630,791 won as a dividend for the Republic of Korea (Jurisdiction: the jurisdiction of the Republic of Korea) and the Republic of Korea (the jurisdiction of the Republic of Korea):

amounting to KRW 23,935,386 on the amount of dividends to the Bank of Korea, a corporation A, and a corporation A, the bankrupt, shall be subject to

Amount of KRW 15,63,123 of the amount of dividend for Songbb shall be corrected to 00 won, respectively.

2. Purport of appeal

The judgment of the first instance is revoked. Each claim against the Defendants is dismissed in entirety.

1. Quotation of judgment of the first instance;

The reasoning for this Court’s reasoning is as follows, and the reasoning for this Court’s explanation is as stated in the reasoning of the judgment of the first instance except for the determination of the Defendants’ additional arguments. Therefore, it is acceptable to accept this as it is by the main text

2. Determination as to the defendants' additional assertion

A. The defendants' assertion

The Defendants asserted that in the auction case of this court, the Defendants’ additional charges of KRW 1,562,040 (i.e., 10,848,160 per month for unpaid tax amount from August 1, 2015 to July 1, 2016) on the unpaid tax amount of KRW 10,848,160 should be paid late due to the delayed distribution of dividends to the Defendants in the auction case of this court and the amount equivalent to the above amount should be paid out in the auction case of this court.

B. Determination

In the case of the auction in Gwangju District, even if the defendants' total estimated amount of KRW 86,211,40,000 claimed by the defendants to be distributed to the defendants and the National Health Insurance Corporation (Seoul District Vice Governor), the above additional additional charges of KRW 1,562,04,00 are not more than KRW 91,292,965,00,00,000, which is the amount received by the bankrupt corporation Aa Government Government Administration, in the case of the auction in the above Gwangju District Law, the above additional charges were not paid to the bankrupt corporation Aa Government Administration, and there is no other evidence to prove otherwise.

Therefore, the defendants' assertion is without merit.

3. Conclusion

Therefore, each claim against the defendants against the plaintiff is justified, and the judgment of the court of first instance is just in its conclusion, and all appeals by the defendants are dismissed without merit, and the costs of appeal are borne by the defendants. It is so decided as per Disposition by the defendants.