logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.06.28 2017가단26192
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff is the debtor, owner, and the defendants are the creditors who demand a distribution in the Daejeon District Court D, E (Dual) Real Estate Auction case (hereinafter "Auction case of this case").

Of the dividends of KRW 357,476,489 on the date of distribution implemented on November 2, 2017, the Defendant Bank was a mortgagee of the maximum debt amount of KRW 91,00,00,000 (interest amount of KRW 243,770,886), and the Defendant C was apportioned dividends of KRW 243,770,886, the total amount of the maximum debt amount of KRW 15,000,000,000 with dividends of KRW 163,80,000 with dividends of KRW 163,80,000 with dividends of KRW 263,80,808,219 with dividends of KRW 30,39,00,00 in the third priority order of dividends.

The Plaintiff filed an application of demurrer against distribution with regard to KRW 93,770,886 out of the amount distributed to Defendant Bank and KRW 20,394,355 of the amount distributed to Defendant C, and filed an application of demurrer against distribution on the date of distribution, and filed a statement of objection against distribution on the date of distribution.

On November 8, 2017, one week from the date of distribution, the Plaintiff filed a lawsuit of demurrer against distribution with the content that the amount of distribution to the Defendant bank was revised to KRW 150 million, and the amount of distribution to the Defendant C was revised to KRW 80 million.

[Reasons for Recognition: Facts without dispute, Gap 1 and 2 evidence, purport of the whole pleadings]

2. Claim against the defendant bank

A. The gist of the Plaintiff’s assertion argues that “The Defendant bank made a monetary transaction for a long time with the Defendant bank, and requested the Defendant bank to reduce the overdue interest by visiting the Defendant bank due to economic difficulties around 2012, and the Defendant bank made a resolution of the board of directors to reduce the principal amount to KRW 150 million as the principal was fully recovered. Therefore, the Defendant bank’s dividend amount should be limited to KRW 150 million agreed upon. Therefore, the Defendant bank’s dividend amount should be limited to KRW 150 million, which exceeds that amount (=243,770,886 KRW 243,70,886 - KRW 150 million).”

B. As of August 25, 2014, the Defendant Bank, as of August 25, 2014, deemed as the “case of partial reduction or exemption of interest” to the Plaintiff as of August 25, 2014.

arrow