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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The Plaintiff, as a creditor of D Co., Ltd. (hereinafter “D”), seized corporeal movables owned by D on March 14, 2017 on the basis of a notarial deed of monetary loan agreement No. 1291, 2015, by a notary public with executory power over D as a creditor of D (hereinafter “D”).
(B) On June 13, 2017, a distribution schedule was prepared in order to distribute the money deposited as the proceeds of sale of the said corporeal movables to the Plaintiff among KRW 4,654,054 (13.97%) to the Defendant among KRW 4,648,648 (13.97%) to be actually distributed on the date of distribution on the date of distribution as of June 13, 2017; KRW 4,005,406 (123,50,000 of the amount of claim as of KRW 123,00,000) to the Defendant.
Accordingly, the Plaintiff appeared on the date of the above distribution, and raised an objection to the total amount of the dividend of the Defendant, and filed the instant lawsuit on June 20, 2017.
[Grounds for recognition] The plaintiff asserts that the plaintiff's assertion and judgment of the whole purport of the arguments and arguments as to Gap evidence 1-1, Gap evidence 1-2, Eul evidence 2, and the purport of the whole pleadings are as follows: since the defendant does not have the right to receive dividends in the distribution procedure of this case since he did not have the right to receive dividends in the distribution procedure of this case, the defendant must delete the amount of dividends to the defendant and correct the distribution schedule with the purport of distributing it
According to the overall purport of the statements and arguments by the Defendant, the Defendant transferred money to D’s account or D’s representative director’s account directly or through Korea-based light company, and as D’s creditor who prepared No. 839, a notary public’s notary public’s No. 2016, the Plaintiff’s assertion based on the premise that the Defendant is not D’s obligee cannot be accepted.
The plaintiff's claim of this case is dismissed as it is without merit.