(영문) 대전지방법원홍성지원 2015.11.03 2015가단3167

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(영문) 대전지방법원홍성지원 2015.11.03 2015가단3167

배당이의

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1. Of the distribution schedule prepared on March 25, 2015 by the said court in the distribution procedure set forth in Red Branch B of the Daejeon District Court, against the Defendant.

Reasons

1. Basic facts

A. On August 24, 2012, based on the executory judgment in the Daejeon District Court Decision 2008Gadan48107, the Plaintiff received the claim amounting to KRW 68,687,557 from the Daejeon District Court Hongsung Branch 2012, the claim amounting to KRW 201,00,00,000 for the claim amounting to KRW 68,687,557, and the above order was served on the third debtor around that time.

B. On February 27, 2014, based on the original copy of the payment order in the Daejeon District Court Hongsung Branching 2013 tea 469, the Defendant received a seizure and collection order of the claim amounting to KRW 569,490,286 (hereinafter “instant collection order”) from the same court as to the above payment claim amounting to KRW 569,490,286 (hereinafter “instant collection order”), and the said order was served to the third debtor around that time.

C. Chungcheongnam-do, the garnishee, deposited the amount of 24,910,060 won as the wage obligation, and on March 25, 2015, on the distribution date of the distribution procedure case of the Daejeon District Court Red support B, the distribution schedule was prepared in which the Defendant, the collection authority of the instant collection order, was 20,624,185 won, and the Plaintiff, the collection authority of the instant collection order, was 2,487,531 won, and the distribution amount of the Plaintiff, the other collection authority, was 2,487,531 won.

The Plaintiff filed the instant lawsuit on March 30, 2015, within one week after raising an objection to the Defendant’s dividend amount in the said dividend procedure.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. The burden of proof of the grounds for objection to a distribution in a lawsuit of demurrer against the distribution also complies with the principle of allocation of the burden of proof in general civil procedure. In a case where the plaintiff asserts 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 asserts that the claim is null and void as a false declaration of agreement or extinguished as a result of repayment

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