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(영문) 수원지방법원 2018.03.29 2017나5270
배당이의
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Facts of recognition;

A. The Plaintiff, the Defendant, and the appointed parties filed a seizure and assignment order or collection order with respect to the wage claim against the debtor H H H H corporation in Suwon District Court, and received the seizure and assignment order or collection order (Plaintiff: 2009TTT 2925, 3008; 2007TT 449, 667, 782; 2010TT 748, 808, 2008; 2008TT 1361) from each of the above courts. At that time, each of the above claims seizure and assignment order or collection order was served on only the third debtor corporation.

B. Accordingly, the Suwon District Court deposited KRW 30,952,308 of H’s salary at KRW 2015Hun-Ba3315, Suwon District Court, which deposited KRW 30,952,308, and the said court commenced the distribution procedure for the said deposit as D (hereinafter “instant distribution procedure”), and the Plaintiff, Defendant, and the appointed party demanded each distribution procedure.

C. On February 4, 2016, the aforementioned court: (a) drafted a distribution schedule that distributes a total of KRW 284,438 in total to the Plaintiff; (b) KRW 15,279,986 in total to the Defendant; and (c) KRW 1,716,902 to the Appointor (hereinafter “instant distribution schedule”). D.

On February 4, 2016, the Plaintiff raised an objection to the total amount of dividends to the Defendant and the Selection on the aforementioned date of distribution, and thereafter filed the instant lawsuit on February 4, 2016, within a week from that date.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Since the Plaintiff’s main point of argument is the Defendant’s claim for enforcement of the instant distribution schedule, the instant distribution schedule should be revised as stated in the purport of the claim, as it is deemed that the instant claim was made in excess of the actual loan,

3. 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 of distribution by those who are recorded as dividend in the distribution schedule so that they can be distributed to themselves. As such, the plaintiff is in the lawsuit of demurrer against distribution.

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