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1. The plaintiff's lawsuit against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The gist of the Plaintiff’s assertion lies in the Plaintiff’s claim against C Limited Partnership (hereinafter “C”), and Defendant A, while serving for a long period of time as the managing director, was well aware of the existence of the above claim and the Plaintiff’s claim as the preserved claim that C intended to file an application for seizure and collection order with respect to the claim that C owns against the Republic of Korea. However, C was subject to the Cheongju District Court Order 2015TT3627 as to the claim that C owns against the Republic of Korea.
In addition, according to the transfer of part of the above claim by Defendant A to KON during the Defendant, the Defendants received each distribution as stated in the purport of the claim with the entire amount claim or the transferee claim from Cheongju District Court B (hereinafter “instant dividend procedure”).
However, since there is no claim against Defendant A, which served as the basis for the above dividends, the amount of dividends to the Defendants should be deleted in the above dividends distribution schedule and the amount of dividends to the Plaintiff should be corrected to KRW 368,942,685.
2. We examine ex officio the lawfulness of the instant lawsuit.
A. A person standing to sue in a lawsuit of demurrer against distribution is limited to a creditor or debtor who has appeared on the date of distribution on the date of distribution and raised an objection as to the distribution schedule, and in order for a creditor to be present on the date of distribution on the date of distribution and to file an objection as to the substantive objection to the distribution schedule, he/she should have lawfully demanded a distribution by the deadline for filing the demand for distribution under substantive Acts. The creditor who did not lawfully demand a distribution does not have the right to file an objection as to the distribution schedule, and even if such person appeared on the date of distribution on the date of distribution and raised an objection against the distribution schedule, it is improper to file an objection.