배당이의
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. On November 21, 2019, the date of distribution in the distribution procedure D distribution procedure case via the Changwon District Court, Defendant B received dividends of KRW 9,906,341 as a wage obligee. Defendant C also received dividends of KRW 7,275,80 as a wage obligee.
The Plaintiff appeared on the date of distribution, and raised an objection against the total amount of the dividend of the Defendants, and filed the instant lawsuit on November 26, 2019.
On November 28, 2018, the E Co., Ltd. (hereinafter “E”) filed an application for corporate rehabilitation with the Busan District Court 2018 Ma1037 on November 28, 2018, and paid funds with the permission of the court. In the foregoing case, the court dismissed the application for commencing rehabilitation on June 4, 2019.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 2, Eul evidence 1 and 2 (including virtual numbers), the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The Plaintiff is a creditor who has the right to claim rent against the non-party company. The Defendants asserted that they had the right to claim rent against the non-party company. However, in the corporate rehabilitation of the non-party company, the non-party company paid wages, etc. to the Defendants, and applied for corporate rehabilitation while the non-party company paid wages, etc. In the case of the non-party company’s corporate rehabilitation, there is no longer no wage claim of the Defendants. Thus, the Defendants’ claim against the non-party company was dismissed, and thus, Defendant B did not receive the wages and retirement allowances for three months from May 2019 to July of the same year, and Defendant C did not receive the wages and retirement allowances for one month from May 1,
(B) The payment made by the non-party company upon the permission of the court is the monthly wage in January 2019 and the retirement pension fee in 2018.
Judgment
The burden of proof in a lawsuit of demurrer against distribution is also in accordance with the principle of distribution of burden of proof in general civil procedure. Therefore, the plaintiff's claim subject to objection against distribution is a false declaration of agreement.