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(영문) 수원지방법원평택지원 2019.08.21 2018가단61879
배당이의
Text

1. Of the distribution schedule prepared by the said court on September 20, 2018 with respect to the distribution procedures case of Suwon District Court Sejong Housing Site E.

Reasons

1. Basic facts

A. On September 20, 2018, G Co., Ltd. (hereinafter “G”) was distributed to the Cheongju District Court’s Cheongju District Court’s Cheongju District Court’s Cheongju District Court’s Cheongju District Court’s Cheongju District Court’s Cheongju District Court’s Cheongju District Court’s Cheongju District Court’s 2015,320,319 won of dividends in relation to G, as the right to claim for dividend payment, competes with the seizure and collection of various G creditors, including the Plaintiff and the Defendants.

B. On September 20, 2018, the Suwon District Court: (a) the distribution procedure for the said deposit was in progress; and (b) on September 20, 2018, the said court drafted a distribution schedule to distribute the remainder of KRW 195,502,336, excluding the enforcement cost, from the amount calculated by adding interest to the said deposit.

The dividends dividends-oriented creditors 1 H collection creditors 47,128,469,760 13,243,617 6.741, 47,129,350 4,858,260 257,300,643, 2300,643, 2310.59 10,230,257,300,300, 100,334, 875. 2861, Defendant D collection creditors 546,40,6286, 324, 324, 97, 974, 157, 156, 156, 197, 156, 197, 156, 197, 197, 2537, 197, 197, 257, 1974, 1975

C. On September 21, 2018, the Plaintiff stated an objection to the entire amount distributed to the Defendants on the date of distribution, and filed a lawsuit of demurrer against distribution of this case on September 21, 2018.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1-5 and 7 (if there are various numbers, including numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The burden of proof of the grounds for objection against distribution in a lawsuit of demurrer against distribution is also in accordance with the principle of distribution of the burden of proof in general civil procedure. Therefore, in a case where the plaintiff asserts that the defendant's claim has not been constituted, the defendant is liable to prove the facts of the cause of the claim

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