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(영문) 수원지방법원안양지원 2015.11.12 2015가단107326
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 31, 2013, the Defendant submitted a claim statement with the claim claim claim amounting to KRW 98,452,120 as the principal, total amount, and KRW 98,452,120 of the claim amount claimed by the person having the right to demand distribution on behalf of the obligor as a result of the bankruptcy of the place of business where part of the overdue wages and retirement allowances, for which an employee may claim under the Wage Claim Guarantee Act, in the Suwon District Court A real estate auction case (hereinafter “auction case”) for Suwon District Court: (a) on which May 31, 2013, the Defendant submitted the claim statement with the claim amounting to KRW 245,147,360, which is attached to the said claim statement.

B. On July 11, 2013, after the completion period to demand a distribution, the Defendant re-written a corrective statement of the claim amounting to KRW 245,147,360, and on July 12, 2013, the Defendant submitted a corrective statement to the effect that “a re-delivery is made after confirming that the amount entered in the claim statement is different from the amount stated in the claim statement and the amount stated in the detailed statement of the amount stated in the claim statement (the current status of the prohibition clause

C. On June 24, 2015, in the auction case, a distribution schedule was prepared to distribute the amount of KRW 245,147,360 to the Defendant, who is the person having the right to demand a distribution, and the Plaintiff, who is the right to demand a distribution, as the right to collateral security, KRW 2,965,55,754 (the maximum amount of the claim, KRW 2,990,000)

(hereinafter “instant distribution schedule”). D.

On June 24, 2015, the Plaintiff raised an objection against KRW 24,44,246 out of the amount of dividends against the Defendant on the date of distribution of the auction case, and filed the instant lawsuit on June 30, 2015.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 2, 4, and 8, and the purport of whole pleading

2. The assertion and judgment

A. A. A summary of the party’s assertion 1) The Plaintiff Defendant made a demand for distribution with the amount of claim KRW 98,452,120, and the amount of the claim cannot be increased after the completion period for the demand for distribution. As such, it is unreasonable to distribute the amount of claim to the Defendant in an auction case to the Defendant in KRW 245,147,360, and 24,444,246, out of the amount distributed to the Defendant (=the maximum amount of the Plaintiff’s claim 2,90,000,000

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