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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 the distribution procedure of the Daejeon District Court Seosan Branch H of the Daejeon District Court (hereinafter “instant distribution procedure”), where Nonparty I is the enforcement debtor, the said court drafted a distribution schedule with the content that the amount of dividends to the Plaintiff was KRW 2,879,751 on January 9, 2020; KRW 1,828,874; KRW 3,871,877; the amount of dividends to the Defendant CF was distributed to the Defendant C; KRW 3,871,877; and KRW 4,534,208, the amount of dividends to the Defendant G (hereinafter “instant distribution schedule”).
B. On January 9, 2020, the Plaintiff attended on the date of distribution, and raised an objection against the dividend amount to the Defendants, and filed the instant lawsuit within seven days thereafter.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 8, the purport of the whole pleadings
2. The plaintiff's assertion is a creditor holding a claim for reimbursement amounting to KRW 370,837,006 against the non-party I. In the case of the defendant C Union, it is unfair that the non-party I participated in the distribution procedure of this case and received dividends on the ground that the plaintiff fully repaid the principal and interest of the non-party I on behalf of the non-party I. In the case of the defendant F and G, it is not possible to believe the validity of the enforcement title, and it is doubtful that the non-party I had a debt against the above defendants, and the distribution schedule of this case should be revised on the premise that the non-party I had a debt against the
3. Determination
A. We examine the claim against Defendant C Association.
According to the evidence evidence Nos. 2 and 4, the Plaintiff’s repayment of KRW 308,00,000 of the principal of the household loan to Nonparty I’s Defendant CF on November 8, 2018, as well as KRW 7,767,39 of the interest thereon, and the Plaintiff’s repayment of KRW 50,00,000 of the principal of the corporate facility loan to Nonparty I’s Defendant CF on November 8, 2018, and interest of KRW 1,252,307 is recognized.
However, according to the statement No. 1, the witness I's statement and the whole purport of the arguments, Nonparty I extended credit loans to Defendant CF in addition to the above two loans.