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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff asserts to the effect that the Defendants: (a) received both wages and retirement allowances from Doidi Co., Ltd. (hereinafter “Doidi”), which is the debtor, and did not exist claims against Doidi; (b) demanded a distribution as if there exists wage and retirement allowance claims; or (c) demanded a distribution as much amount as the actual existing amount of claims.
In a lawsuit of demurrer against distribution, the burden of proof as to the grounds for objection against distribution is in accordance with the principle of distribution of the burden of proof in general civil procedure. Therefore, in a case where the plaintiff claims that the defendant's claim has not been constituted, the defendant is liable to prove the facts of the cause of the claim, and in a case where the plaintiff claims that the claim has become invalid as a false declaration
(See Supreme Court Decision 2005Da39617 Decided July 12, 2007, etc.). In full view of the overall purport of pleadings as to Gap evidence Nos. 2 through 15 (including each number; hereinafter the same shall apply) and Gap evidence No. 17, each of the above defendants' wages and retirement allowance claims exists, and the amount of such claim is the same as the amount claimed by the above defendants, and it is sufficiently recognized that the above claim is invalid as false declaration or the amount of claim is the same as the amount claimed by the above defendants. Thus, the plaintiff's assertion in this part is without merit.
B. On May 1, 201, Defendant C, E, I, J, and K respectively set out from Gidydy on May 1, 2011, but merely submitted a resignation without any choice or formally processed a resignation under the unilateral management policy of Gidyi.e., the said Defendants were either re-entered, not the said retirement date, and finally re-entered into the said three-month wages and retirement allowances for the final three-month period based on the date of retirement.