1. Of the distribution schedule prepared on September 23, 2016 by the said court with respect to the Jeju District Court B distribution procedure case, the defendant is against the defendant.

1. Facts of recognition;

A. On Aug. 20, 2003, the Plaintiff (hereinafter “Plaintiff”) filed a lawsuit against C for the claim for the amount of the transfer income, and sentenced on Aug. 20, 2003 to the Daejeon District Court that “C shall pay to the Plaintiff the amount calculated at the rate of 21% per annum from October 1, 2002 to the date of full payment” (Seoul District Court Decision 2003Da3328). The above judgment became final and conclusive on Sept. 18, 2003.

B. On January 18, 2016, the Defendant drafted a notarial deed of a notary public loan agreement (hereinafter “notarial deed of this case”) No. 105, 2016, stating that “C borrowed 500 million won from the Defendant on April 22, 2015 at the maturity of payment on December 30, 2015, at the rate of 5% per annum, and at the rate of 25% per annum, respectively.”

C. The Plaintiff filed an application for a compulsory auction of corporeal movables under the Jeju District Court 2016No. 122 for the corporeal movables owned by C, and the Defendant filed an application for a compulsory auction of corporeal movables with the Jeju District Court 2016No. 82 for the same corporeal movables.

The Jeju District Court's enforcement office intended to distribute the proceeds of sale after undergoing the above procedures for the auction of corporeal movables, but did not reach an agreement on distribution between the plaintiff and the defendant, and the Jeju District Court's enforcement office deposited all of the dividends to the Jeju District Court.

E. On September 23, 2016, the Jeju District Court conducted the distribution procedure as B with respect to the deposited money, and on September 23, 2016, the said court drafted a distribution schedule to distribute the amount of KRW 5,037,201 to the Plaintiff and KRW 2,046,026 to the Defendant respectively.

The plaintiff's agent E appeared on the date of distribution and raised an objection to the total amount of the defendant's dividend.

[Reasons for Recognition: Evidence Nos. 1 through 4 (including paper numbers), Gap 7, 8, Gap 10-1, the purport of the whole pleadings]

2. The assertion and judgment

A. The plaintiff 1's assertion is against C.