Whether it constitutes double dividend

Of the instant dividends distribution table, the portion concerning the total amount of KRW 47,630,791, the total amount of dividends to Defendant Republic of Korea (Seong-gu Tax Office) and the total amount of KRW 23,935,386, and the total amount of dividends to Defendant trustee in bankruptcy is deemed unlawful and is deemed unlawful.

Suwon District Court 2015dan120389 Decided distribution

U.S.

Republic of Korea Overseas

SECTION 47,630,791 of the amount of distribution to the Republic of Korea (with the jurisdiction of the Republic of Korea): 00

The shares held by the Defendant bankrupt at KRW 23,935,386,000,000,000,000,000

amount of 15,63,123 won each by the trustee in bankruptcy of the mining court of the company, in the amount of 15,63,123 won

The determination shall be determined.

2. The costs of lawsuit are assessed against the Defendants.

Cheong-gu Office

The same shall apply to the order.

on October 19, 2016

on October 30, 2016

1. Of the distribution schedule prepared by the same court on June 11, 2015, the Suwon District Court 2012ta 66616, the amount of dividends to the plaintiff 3,023,780,194 won 3,111,09,494 won, among the distribution schedule prepared by the same court on June 11, 2015;

1. Facts of recognition;

A. On June 11, 2015, Suwon District Court 2012 other 6616 real estate auction case (hereinafter referred to as the "Court auction case"), the above court distributed total 3,023,780,194 won (168,057,516 + 2,85,722,678 won) to the Plaintiff who acquired the right to collateral security of the Industrial Bank of Korea and the right to collateral security thereof to the Mine Government Co., Ltd. (hereinafter referred to as the "Mining Government Co., Ltd.") and distributed total 3,023,780,194 won (168,000 + 2,85,72,678 won) to the Defendant Republic of Korea (hereinafter referred to as the "Defendant Dial Government"), 16, 36, 36, 16, 36, 16, 36, 36, 36, 196, 16, 36, 36, 2, 36, 2, and 3

B. On December 13, 2013, prior to the preparation of the instant distribution schedule, the Plaintiff, the applicant creditor, made an objection to the entire amount of the dividend payment to the Defendants, and filed a lawsuit of demurrer against the instant distribution. However, on the case of auction of real estate in Gwangju District Court around 2012, 36065 (hereinafter referred to as the “Seoul District Court Auction of Mine District Act”), the distribution of the amount of KRW 2,540,00 to the Plaintiff, the applicant creditor, and the distribution schedule was prepared and established which provides the total amount of KRW 253,360,625 to the Defendant trustee in bankruptcy, including the total amount of the claim amount of KRW 253,360,625 (former mine), the total amount of the national tax claim amount to be paid to Gwangju 253,360,625 won and the amount of the national tax claim to be paid to the Defendant trustee in bankruptcy, and the amount of the national tax claim to be paid to the Defendant 2603,2616,2616,25,27,25.

D. However, according to the claim for the issuance of the case of Gwangju District Auction, among the above 253,360,625 won, among those 253,360,625 won, the taxation claims of the defendant Republic of Korea, which the plaintiff acquired from the Industrial Bank of Korea prior to the statutory due date, shall be 4,291,750 won in total, and the taxation claims of the defendant Republic of Korea, shall be 20,616,220 won in total, and the insurance premiums, claims, etc. of the National Health Insurance Corporation (Seoul Vice Governor), shall be 21,303,430 won in total, and the amount shall be 86,211,400 won in total, and the amount shall be 86,211,400 won in total. The defendant Republic of Korea and the defendant Republic of Korea (U.S.) shall be different from the additional tax on the same national tax as claimed for delivery in the auction case of Gwangju District.

In the auction case of the court, the National Health Insurance Corporation (Seoul Special Self-Governing Province Governor) filed a request for the issuance of insurance premiums and bonds identical to those claimed in the auction case of Gwangju District Court.

[Reasons for Recognition] Evidence Nos. 1 through 8, Evidence A No. 1 to 4, and the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion

As the cause of the instant claim, the Plaintiff asserted that the portion of dividends against the Defendant Republic of Korea, the Defendant Republic of Korea, the Defendant in bankruptcy trustee, the Defendant Republic of Korea, and the National Health Insurance Corporation (Viceju Vice Governor) are illegal in the distribution schedule of the amount of each claim for delivery in the case of the Gwangju District Auction (However, the dividend was delivered to the Defendant in bankruptcy). Since the distribution schedule of the instant case includes the dividend amount for the same claim, the Defendant Republic of Korea, the Civil State against the Defendant, and the Defendant in bankruptcy, and the part of the distribution schedule of the instant case concerning the Defendant Republic of Korea, the Defendant in bankruptcy trustee, the Defendant Republic of Korea, and the National Health Insurance Corporation (Vice Governor) are illegal in the distribution schedule.

B. Determination

According to the above facts, in Gwangju District Court Decision 4,291,750 won for 44,291,750 won for 20,616,220 won for 21,30 won for 30,430 won for 1,630 won for 30,60 won for 360,60 won for 360,625 won for 162,00 won for 30,000 won for 30,000 won for 1,50,000 won for 1,63,000,000 won for 63,000,000 won for 63,000,000 won for 63,000,000 won for 1,5,000,000 won for 3,000,000 won for 6,000,000 won for 1,5,000,000 won for 3,00.

3. Conclusion

Therefore, among the distribution schedule of this case, the amount of 3,023,780,194 won against the plaintiff shall be 3,11,009,49,494 won, the amount of 47,630,791 won against the defendant's Republic of Korea (U.S.) shall be 0 won, the amount of 23,935,386 won against the defendant's Republic of Korea (U.S.) shall be 00 won, and the amount of 15,63,123 won shall be 15,63,123 won shall be 0 won, and all claims against the defendants by the plaintiff against the defendants shall be accepted for all of the reasons.