1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. The Plaintiff filed a lawsuit seeking the payment of the price of goods with the Jung-gu District Court Senior District Court 2014Da51711, which held the F Co., Ltd. (hereinafter “F”)’s claim for the price of goods.

On June 12, 2014, the above court rendered a judgment that “F shall pay the Plaintiff 20,274,400 won with interest of 20% per annum from February 22, 2014 to the date of full payment.”

The above judgment became final and conclusive around this time.

B. From the distribution procedure of Busan District Court D Branch D (hereinafter referred to as the “instant distribution procedure”) to distribute KRW 37,965,592 to the “Defendant E” and KRW 769,730 to the Plaintiff, as to KRW 52,621,874 on June 21, 2017, the distribution schedule was formulated (hereinafter referred to as the “instant distribution schedule”).

C. On June 21, 2017, the Plaintiff appeared in the instant dividend procedure and stated that there was an objection against KRW 19,504,670 out of the Defendant’s dividend amount.

On June 26, 2017, the Plaintiff filed a lawsuit of demurrer against distribution of the instant case within seven days from the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 3, Gap evidence 5, whole purport of oral argument

2. The Plaintiff’s assertion that the Defendant received dividends from F based on false credit in the instant dividend procedure. As such, the Defendant should rectify the dividend amount of KRW 769,730 to KRW 20,274,400 among the instant dividend table, and KRW 37,965,592 to the Defendant, respectively, to KRW 18,460,922.

3. Determination on the legitimacy of the instant lawsuit

A. (1) A lawsuit of demurrer against distribution is a lawsuit seeking the alteration of a distribution schedule or the preparation of a new distribution schedule in order to reduce the amount of distribution by the person who is recorded in the distribution schedule as being distributed to him/her.

(Supreme Court Decision 201Da48902 Decided September 29, 201, and Article 154(1) of the Civil Execution Act. Therefore, when a creditor files a lawsuit of demurrer against another creditor, the same shall apply.