1. The instant lawsuit shall be dismissed.

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

1. A lawsuit of demurrer against distribution is sought for the modification of a distribution schedule or the preparation of a new distribution schedule in order to reduce the amount distributed to himself/herself by reducing the amount distributed to a person entered in the distribution schedule. As such, the Plaintiff is obliged to assert and prove that the Plaintiff did not have the Defendant’s claim in order to win a lawsuit of demurrer against distribution and that he/she has the right to receive dividends from the Defendant (see, e.g., Supreme Court Decision 2010Da42259, Jul. 12, 2012). Moreover, the distribution to the Defendant is unlawful.

Even if there is no increase in the amount to be distributed to the plaintiff due to such increase, such a cause may not be a ground for the lawsuit of demurrer against distribution seeking an increase in the amount of dividends.

(See Supreme Court Decision 92Da50270 Decided January 25, 1994, etc.). In this case, Gap evidence Nos. 4, 9, 12, and 15 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 2 and 7, and Eul evidence Nos. 2 and 7 as a whole as a result of the hearing on financial transaction information to D banks, the following circumstances can be acknowledged, namely, ① on October 31, 2017, the plaintiff was 321,368,17 won (i.e., the loan obligation to D Banks totaled KRW 295,694,653 won as of October 31, 2017; KRW 25,673,524 won as of October 31, 2017; KRW 3050,0000,0000,0000,0000 per annum 25,000 won as to the above collateral security bank.