1. The plaintiff's claim is dismissed.

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

Basic Facts

In the distribution procedure of the Changwon District Court Seoyang Branch C, the said court prepared a distribution schedule with the content that the Defendant distributes the amount of KRW 17,931,148, which is to be actually distributed on July 14, 2016, KRW 790,786, and the remainder of KRW 17,140,362, which is to be distributed to the Defendant.

The Plaintiff appeared on the date of distribution, and raised an objection against the total amount of distribution to the Defendant, and filed the instant lawsuit on July 20, 2016.

【Ground of recognition, without any dispute, the Plaintiff’s assertion of the purport of the Plaintiff’s assertion as to the entry of the evidence No. 1 and the entire pleadings, is ordered to pay with the claim against Nonparty MK plant Co., Ltd. (hereinafter “MK plant”), and the Defendant received a seizure and collection order for the supply price claim against Nonparty D of MK plant. The Defendant’s claim against MK plant is based on false declaration of conspiracy, and thus does not exist.

Therefore, the entire amount distributed to the Defendant in the instant distribution procedure shall be distributed to the Plaintiff.

Judgment

In a lawsuit of demurrer against distribution, the burden of proof as to the grounds for objection 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, and where the plaintiff claims that the claim has become invalid or extinguished due to false representation of agreement, the plaintiff is liable

(See Supreme Court Decision 2005Da39617 Decided July 12, 2007). Therefore, there is no evidence to acknowledge that the Defendant’s claim on the IM plant is false bonds based on false declaration of conspiracy.

Rather, according to the purport of each entry and argument in the evidence Nos. 1 through 8, the defendant is equivalent to KRW 270,856,982 in total to IM plant around June and July 2013.