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(영문) 부산지방법원 2018.08.17 2017가단323564

부당이득금

Text

1. The Defendant’s KRW 119,961,950 for the Plaintiff and 5% per annum from July 19, 2017 to August 17, 2018.

Reasons

1. Facts of recognition;

A. A, including the right to collateral security on each real estate, is a business owner who was engaged in the business of manufacturing automobile parts with the trade name “C” from January 2, 2007 to Kimhae-si, and on October 12, 2007, purchased the land for a 2708m2 and the above ground-story factory 470m2, E road 83m2 (hereinafter “a separate real estate”), and completed the registration of ownership transfer on a separate real estate on November 15, 2007 under his/her name on the same day after purchasing the right to collateral security from the F on October 1, 2008 (hereinafter “the instant real estate”), and completing the registration of ownership transfer in his/her name with respect to the instant real estate, and establishing the maximum debt amount of each of the instant real estate amount of KRW 19m2,000,000,000 for each of the instant real estate with respect to each of the instant real estate.

B. The auction procedure and dividend 1) A did not pay wages to workers H et al. due to business deterioration, and did not repay the creditor's debt to the Busan Bank. As to the separate real estate, the compulsory auction procedure commenced on September 18, 2015 at the request of H, Changwon District Court I on September 18, 2015. Following the commencement of the voluntary auction procedure to J of Changwon District Court on November 18, 2016 upon the application of the defendant who succeeded to the status of the Busan Bank upon the transfer of the secured debt and the secured debt from each of the above secured debt from the Busan Bank and the secured debt from the Busan Bank.

(2) On the other hand, on February 17, 2016, A received a decision to commence rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act as the Busan District Court 2015dan1016, and the Plaintiff is about 19 workers A, including H, from September 8, 2015 to January 9, 2017 under the Wage Claim Guarantee Act.