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(영문) 전주지방법원 2016.11.30 2016가단20932
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On February 11, 2015, the Jeonju District Court prepared a distribution schedule that distributes KRW 3,759,941 to the Defendant in the distribution procedure for C (hereinafter “instant distribution schedule”).

B. On July 13, 2016, the Plaintiff raised an objection to the total amount of the Defendant’s dividends on the date of distribution, and filed the instant lawsuit.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The plaintiff's assertion that the defendant applied for distribution of KRW 544,823,50 with loans to D in the distribution procedure is difficult to view that the defendant has the ability to lend money exceeding KRW 500 million to another person. It seems to be false bonds.

Since there is no claim against the Defendant as to D, it is necessary to revise the instant distribution schedule by allocating the amount of dividends to the Plaintiff.

3. According to the evidence evidence Nos. 1 and 2, according to the judgment No. 2, the defendant prepared D on June 15, 2012; KRW 25 million on June 27, 2012; KRW 10 million on July 2, 2012; KRW 30 million on July 17, 2012; KRW 45.8 million on August 6, 2012; KRW 30 million on October 3, 2012; KRW 25 million on October 24, 2012; KRW 200,000 on September 25, 2012; and KRW 30,000 on June 3, 2012; and KRW 205,000,000 on June 31, 2012; and KRW 25,000,000 on June 31, 2012.

According to the above facts, D is obligated to pay to the Defendant the sum of KRW 280,80,000 from June 15, 2012 to December 7, 2012. The amount of the claim against D at the time of the date of distribution is KRW 280,80,000 and the agreed interest or delay damages on the claim. The amount of the claim against D exceeds KRW 3759,941 as it exceeds the amount of the claim against the Defendant.

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