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(영문) 청주지방법원제천지원 2020.01.29 2019가단21954

배당이의

Text

1. A distribution schedule prepared by the same court on August 27, 2019 with respect to distribution procedures case of the Cheongju District Court Jeju Branch C.

Reasons

1. Basic facts

A. The Defendant owned the claim for construction price of KRW 167,640,000 against D Co., Ltd. (hereinafter “D”).

B. The plaintiffs, Korea, E, F (G, H, I, and J) are the creditors of the defendant who seized or provisionally seized the claims of this case.

G, etc.’s right to preferential payment pursuant to Article 38(1) of the Labor Standards Act, is apparent.

C. D on July 19, 2019

Pursuant to Article 248(1) of the Civil Execution Act, on the ground that there was a seizure, provisional seizure, etc. of the instant claims as stated in Paragraph (1), KRW 167,640,000 was deposited for enforcement (Cheongju District Court Decision No. 2013, 2019 No. 352), and accordingly, the distribution procedure case was proceeded.

(Cheongju District Court Jeju Branch C, hereinafter the above distribution procedure is referred to as “instant distribution procedure”). D.

On August 27, 2019, the Cheongju District Court: (a) in the instant distribution procedure, prepared a distribution schedule stating that the amount to be distributed to the Defendant, which is the full debtor, is an amount of KRW 167,693,049, which is an amount to be distributed on the ground of “unspecific labor expenses (which appears to refer to claims arising from labor relations)” (i.e., the aforementioned amount of KRW 167,640,000, 53,000, 53,049), excluding enforcement expenses of KRW 47,224,00,000, 167,645,8

(hereinafter the above distribution schedule is referred to as “instant distribution schedule”). E.

B. The plaintiff, including the plaintiff

On August 27, 2019, the obligees stated in this case stated their respective objections as to the whole amount of dividends of the instant distribution schedule on the date of distribution of the instant distribution procedure, and filed each lawsuit of demurrer against distribution within seven days thereafter.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. Determination

A. Article 38(1) of the Labor Standards Act provides that wages, accident compensations, and other claims arising from labor relations shall be based on pledges, mortgages, movable property, claims, etc. on the whole property of the employer.