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(영문) 대구지방법원서부지원 2020.06.17 2018가단63614

배당이의

Text

1. On October 25, 2018, the said court prepared as regards the case of application for a voluntary auction of real estate by the Seogu District Court Branch of Seogu District Court.

Reasons

1. Basic facts

A. The Plaintiff filed a claim for distribution with the amount of credit as a mortgagee of the real estate sold at the auction procedure in the Daegu District Court Seo-gu District Court (hereinafter “instant auction procedure”). The Defendants asserted as a wage creditor against K as an employee of a textile manufacturing company in the trade name of “L” operated by K, the owner of the real estate sold at the instant auction procedure, and claimed as a wage creditor for the instant three-month wage and retirement allowance amount, respectively, as the amount of credit.

B. On October 25, 2018, the above court made a dividend amount of KRW 196,40,661 to be actually distributed to Defendant C at KRW 35,719,060,00 to the Korea Workers’ Compensation and Welfare Service; KRW 59,353,195,00 to the Defendants; the dividend amount of KRW 16,207,397,397 to Defendant C; KRW 16,88,160 to Defendant C; the dividend amount of KRW 5,870,950 to Defendant C; KRW 6,650,00,00 to the Plaintiff; the dividend amount of KRW 13,650,00 to the Defendant G; KRW 4,108,232 to the Defendants; the dividend amount of KRW 16,209,78,786,286,78288; the Plaintiff’s branch office of the Korea Workers’ Compensation Insurance Corporation; and the Plaintiff was prepared to the Plaintiff.

(hereinafter “instant distribution schedule”). C.

The Plaintiff appeared on the date of distribution, and stated an objection to the whole amount of the dividend to the Defendants, and filed the instant lawsuit on October 30, 2018, within seven days thereafter.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. The assertion and judgment

A. Defendant I asserted that he is only the representative who operated L with K, and is not a worker, and the remaining Defendants do not actually have worked in L. Thus, all the Defendants are the most wages creditors.

Therefore, among the distribution schedule of this case.