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The plaintiff's lawsuit against the defendant Credit Guarantee Fund and the Korea Technology Finance Corporation shall be dismissed respectively.
Support for the development of Suwon Flag Flag B.
Reasons
We examine the legitimacy of the Plaintiff’s lawsuit against the Defendant Credit Guarantee Fund ex officio on the lawfulness of the lawsuit against the Defendant Credit Guarantee Fund.
(2) Where a debtor raises an objection against a distribution schedule prepared in the distribution procedure, the debtor shall file a lawsuit of objection against a creditor who has no executory exemplification, and the debtor shall file a lawsuit of objection against a creditor who has an executory exemplification of the executory exemplification (Articles 256, 154(1) and (2) of the Civil Execution Act). Therefore, if the debtor raises an objection against a creditor who has an executory exemplification of the executory exemplification at the distribution date, and then files a lawsuit of objection against the creditor instead of a lawsuit of objection against the said creditor, the lawsuit of objection is unlawful (see Supreme Court Decision 2004Da72464, Apr. 14, 2005, etc.). In light of the above legal principles, the plaintiff's order of objection against the payment of the compensation amount of KRW 135,000,000 per annum 16,000,000 per annum 13,000,0000 won per annum 16,000,0000 won per annum 16.