(영문) 수원지방법원여주지원 2014.08.20 2013가단12091

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(영문) 수원지방법원여주지원 2014.08.20 2013가단12091

배당이의

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. In Suwon District Court H&D case No. 2011T-28 of the same court; Defendant B of the same court; Defendant C of the same court; Defendant C of the same court; Defendant D of the same court; Defendant D of the same court; Defendant E of the same court; Defendant C of the same court; Defendant E of the same court; Defendant E of the same court 2013T-1066; Defendant F of the same court; Defendant F of the same court 2013T-244 of the same court; and Defendant F of the same court of 2013 T-T294 of the same court of 70; Defendant F of the same court of 46,26,911; Defendant B of the same court of 30,970; Defendant C of the same court of 405,970; Defendant C of the same court of 205, 204, 2005 won; Defendant C of the same court of 204, 2005 won; Defendant C of the amount of credit amount of 25.

C. On September 3, 2013, the Plaintiff raised an objection against the entire amount of dividends to the Defendants on the date of the said distribution, which was within seven days thereafter, and filed a lawsuit of objection against the instant dividend.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff asserts that the defendants conspired with I to prepare false certificates of promissory notes and each of the promissory notes with the defendants in collusion with I, and received dividends as if they had a bill of exchange money claim.

B. (1) In a lawsuit of demurrer against distribution, where the plaintiff asserts that the defendant's claim has not been constituted, the defendant is liable to prove the cause of the claim, and where the plaintiff claims that the claim has become null and void as a false declaration of conspiracy or has become extinct due to repayment, the plaintiff constitutes the ground for disability or extinguishment

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