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(영문) 서울남부지방법원 2018.10.26 2018가단10849
배당이의
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The gist of the plaintiffs' assertion is as the cause of the claim in this case, and the distribution schedule was formulated to distribute KRW 462,351,413 to the defendant in Seoul Southern District Court D D distribution procedures. However, this argument argues that the defendant received dividends from the plaintiffs in the first order, based on the right to collateral established by the defendant for causing enormous damages to the non-party E due to illegal loans, etc., and that as long as they are dividends based on illegal collateral security claims, the plaintiffs shall be paid in full with the claim amount in the first order, and as such, the amount of dividends should be reduced.

2. According to the evidence No. 3, according to the judgment as to the defense prior to the merits, the plaintiffs stated that they did not raise any objection to the distribution schedule on the date of distribution on May 18, 2018 of the distribution procedure of the instant case, and that they did not raise any objection to the distribution (it is evident that the plaintiffs alleged that the person in charge of the distribution erroneously stated the protocol by mistake despite they made a statement to the effect that they raised an objection to the distribution, but the authenticity of the protocol is presumed to have been established and that the subsequent statement is not accepted as there is no specific evidence. Therefore, it is evident that the plaintiffs did not meet the legal requirements to file a lawsuit of

3. The plaintiffs' lawsuit of this case is dismissed as it is unlawful.

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