배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Industrial Bank of Korea completed the registration of the establishment of a mortgage over the real estate owned by Daesung Electric Co., Ltd. (hereinafter “Ssung Electric”) (hereinafter “instant real estate”) on August 2, 2006, with the maximum debt amount of 840,000,000 won, and the maximum debt amount of 2,400,000,000,000 won on July 12, 201.
B. The claim for the loans to the Bank of Korea against the Daesung Electric Co., Ltd. was transferred to the Plaintiff via Korea Securities Finance Corporation.
On June 28, 2016, the Plaintiff filed an application for a voluntary auction of real estate for the instant real estate based on each of the above collateral mortgages. The Plaintiff prepared a distribution schedule as to KRW 1,876,903,723, the execution cost of which was deducted from the proceeds from the sale of the instant real estate.
On the date of distribution of the above case, the plaintiff raised an objection to the total amount of dividends against the defendant.
C. The Defendant paid a substitute payment to nine workers of the Daesung Electric, and demanded the distribution of dividends in the instant case with the claim for reimbursement.
The details of the payment of each substitute payment for supplementary intervenors A, C, and D among the substitute payment is as follows:
A CD [Ground for recognition] Unstrifed, entry in Gap evidence 1 to 15, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. The plaintiff asserted that although the defendant acknowledged that the substitute payment was made to the workers of Daesung Electric, the substitute payment does not confirm whether the substitute payment was actually paid to the actual workers or not.
Specifically, with respect to Intervenor A and C, the wage was paid for the portion of January 2016 during the process of the large electricity rehabilitation procedure (joint 6 million won), and the Intervenor A received KRW 4,487,280 from the Industrial Bank of Korea retirement pension, and the amount should be deducted. The Intervenor D is not a worker of the large electricity even if it is not a worker of the large electricity.