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Case Number of the immediately preceding lawsuit
Seoul Central District Court 201Gadan226045 ( October 26, 2012)
Title
The amount collected by the agency prior to the date of distribution in the distribution shall be deducted.
Summary
(As in the execution procedure for a monetary claim, where a creditor fails to submit an invoice to the dividend court, the creditor's claim shall be calculated according to the purport of the demand for distribution, a report on reasons, and the evidentiary documents, and the amount recovered by the disposition agency prior to the date of distribution shall be deducted.
Cases
2012Na17669 Demurrer against distribution
Plaintiff and appellant
AAAcomer, Inc.
Defendant, Appellant
Korea
Judgment of the first instance court
Seoul Central District Court Decision 201Da226045 Decided March 20, 2012
Conclusion of Pleadings
June 28, 2012
Imposition of Judgment
July 26, 2012
Text
1. The plaintiff's appeal is dismissed.
2. A port consumption shall be borne by the Plaintiff.
3. The correction of "00 won in the disposition of the court of first instance" in paragraph (1) of the same Article shall be made "00 won".
Purport of claim and appeal
1. Purport of claim
The distribution schedule drawn up by the same court on June 17, 201 in the Seoul Central District Court 2010tagi4429 in the distribution procedure case shall be corrected to reduce the amount of dividends to the defendant to KRW 000,000, and to distribute the plaintiff to KRW 000.
2. Purport of appeal
The part against the plaintiff in the judgment of the court of first instance shall be revoked. The distribution schedule prepared by the same court in the case of the Seoul Central District Court 2010ta-Ba4429 in June 17, 201 shall be corrected to reduce the amount of dividends against the defendant to 800 won, and to distribute 00 won to the plaintiff.
Reasons
The reasons why the court's explanation concerning this case is the same as the reasons stated in the judgment of the court of first instance except that the plaintiff's "the plaintiff's "as shown in the reasons for the judgment of the court of first instance, 12, 4, 6, and 11" are "the defendant". Thus, the judgment of the court of first instance is legitimate, and therefore, the plaintiff's appeal is dismissed as it is without reason, and it is obvious that the "00 won" in Paragraph (1) of the judgment of the court of first instance is "00 won", and thus, it is so decided as per Disposition.