logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.05.18 2018가단2504
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion that: (a) although the Defendant did not have a loan claim against ionnas limited liability company or received all repayment of the loan claim, the Defendant participated in the distribution procedure in collusion with ionnas limited liability company without cancelling the right to collateral security; and (b) received the money stated in the purport of the claim.

Therefore, the distribution schedule should be revised that the Defendant distributed the dividend to the Plaintiff.

B. Determination 1) The burden of proof as to the grounds for objection to a distribution in a lawsuit of demurrer against distribution also complies with the principle of allocation of the burden of proof in general civil procedure. In the event that the plaintiff claims that the defendant's claim has not been constituted, the defendant is liable to prove the facts of the cause of the claim to the defendant, and where the plaintiff claims that the claim has been invalidated or extinguished due to false declaration of agreement, the plaintiff is liable to prove the facts constituting the grounds for disability or extinguishment (see, e.g., Supreme Court Decision 2005Da39617, Jul. 12, 2007). In full view of each of the statements in subparagraphs 2 through 5, the defendant decided on Oct. 16, 2014 to lend KRW 50,000,000 to the Lee Bana, Inc., a limited company with interest rate of KRW 30,00 per annum (payment on January 15, 2015); the same day is actually 46,3000, and one of Gwangju-dong 17.

Therefore, according to the above facts of recognition, it is reasonable to view that the defendant's loan claims against the No.S. limited company exist.

The plaintiff asserts that the above claim had already been repaid even if there was a claim, but it is not enough to recognize the plaintiff's above assertion only by the statement of evidence Nos. 1 and 4.

arrow