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(영문) 울산지방법원 2019.06.14 2018가단67918

배당이의

Text

1. Of the distribution schedule prepared on September 21, 2018 by the above court with respect to the distribution procedure case of Ulsan District Court M&, it is against the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff from February 3, 2016 to the same year

9. By December 22, 200, N Co., Ltd. paid 76 workers in arrears with wages, including the Defendants, totaling KRW 454,827,340, out of the wages in the last three months and the retirement allowances in the last three years.

On April 26, 2016, the Plaintiff received dividends of KRW 272,593,880 in the instant court’s distribution procedure, and KRW 12,603,120 in the instant court’s sales of motor vehicle on October 25, 2016, and currently the outstanding substitute payment remains in KRW 169,630,340.

B. The Defendants’ “total amount of wages in arrears subject to the highest preferential repayment” in the table below that was not paid by N, out of each of the relevant stated amounts, received each of the relevant stated amounts as a substitute payment from the Plaintiff on February 3, 2016 and on February 19, 2016.

Defendant A, C, F, G, H, I, and J have received each of the corresponding amounts stated in the said Q distribution procedures.

Accordingly, the wages for the last three months and the retirement allowances for the last three years, which the Defendants had not received from N, remain the amount indicated in the same Table as “final amount remaining.”

The remainder of the wages in arrears with the Defendant’s highest priority payment is the remainder of the present dividends (the last three months) plus the total of the retirement allowances (the final three years), the amount of the retirement allowances (O).

1. A 9,977,322 won 9,977,322 won 7,80,000 won 7,80,000 won 2,174,697 won 2,625 won 1,96,947 won 1,994,322 won;

2. B 4,044,592 won 4,04,592 won 4,04,590 won 4,04,590 won 1,395,133 won 1,395,131 won;

3. C 3,409,457 won 6,18,682 won 9,598,139 won 3,300,450 won 4,892,650 won 8,193,100 won 1,403,345 won 1,694 won 874,679 won;

4. D 3,204,095 won 7,262,18 won 10,466,213 won 7,204,090 won 7,262,10 won 10,466,200 won 2,353,200 won 2,353,200 won;

5. E 3,647,948 won 11,891,96 won 3,647,944,940 won 8,244,040 won 11,891,980 won 4,284,657 won 4,284,641 won.

6. F. 11,87,750 won 10,858,695 won 16,136,445 won 4,07,750 won 7,800,00 won 11,877,750 won 4,253,561 won 5,134 won 1,649,961 won 1,644,827 won.