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1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The ELCS Co., Ltd. (hereinafter “ELCS”) deposited F’s 40,475,049 won as Seoul Central District Court 2012Hun18132. The Seoul Southern District Court drafted a distribution schedule on April 4, 2013 with the following distribution procedures:
B Creditor (Seoul Southern District Court Decision 2008Ma15159), Korea National Bank (Seoul Central District Court Decision 2009Kadan3397) (Seoul Central District Court Decision 2008Kadan10455), Korea C (Seoul Central District Court Decision 2008Kadan1030) (Seoul Central District Court Decision 2008Kadan11030) (Seoul Central District Court Decision 48,514,514,268,587,7628,404,739,075,5858,000,0000000, 0000, 487, 1787, 10428, 2047, 2075, 76368, 7406, 6396, 7467, 7065, 7967, 707, 63946, 63965
B. The Plaintiff appeared on the date of distribution, and raised an objection to the total amount of each of the above claims and the total amount of dividends, and thereafter filed the instant lawsuit on April 10, 2013, which was within one week thereafter.
[Ground of recognition] Evidence No. 1, evidence No. 7, and evidence No. 10, the purport of the whole pleadings
2. Assertion and determination
A. The Plaintiff’s assertion asserts that the Plaintiff should receive the distribution in accordance with the final and conclusive judgment (Seoul District Court 201Gahap50) against F and the relevant Seoul Southern District Court 201TTTTT15439, and the collection order.
B. The facts of recognition (1) was rendered by Defendant B’s claim against Nonparty B for the support fee against Nonparty B, and, “F shall pay to Defendant B the amount of KRW 1,200,000 per month from February 4, 2003 to the end of each month until the marriage relationship is terminated (Seoul Family Court Decision 2003Ra2168, 205B3, and Supreme Court Decision 2005S50, Jun. 12, 2008).
Defendant B, based on the above decision of the support fee, seized the F’s claim on the wage, etc. against ELS as KRW 81,480,000 on November 13, 2008.