beta
(영문) 서울남부지방법원 2017.01.13 2015가단243143

배당이의

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. K Co., Ltd. (hereinafter “K”) having its head office in Geumcheon-gu Seoul Metropolitan Government J and 908 (hereinafter “K”) is a company that runs seeds and seedlings production and spawn cultivation business. L was appointed as the representative director on September 13, 2013. The Seoul Geumcheon-gu J and 1404 (hereinafter “M”) is a company that runs the business of freezing the mutual assistance equipment and environmental facilities, and L was appointed as the representative director on September 13, 2013, and resigned on October 31, 2014.

B. On October 29, 2010 with respect to the Geumcheon-gu Seoul N&908 (hereinafter “instant real estate”), K concluded the right to collateral security owned by it as a debtor, K-mortgage, and the Plaintiff as the mortgagee on October 29, 2010, the maximum debt amount of which is KRW 480 million, and the right to collateral security held by the debtor, K-mortgage, and the Plaintiff as the debtor, M-mortgage, and the Plaintiff as the mortgagee respectively.

C. On September 15, 2014, the Plaintiff filed a voluntary auction on the instant real estate based on each of the foregoing collective security rights, and received a voluntary decision to commence the auction (hereinafter “instant auction procedure”). On December 18, 2014, the Seoul Southern Southern District Court H and I (Dupl) (hereinafter “instant auction procedure”).

C. On November 19, 2014, at the instant auction procedure, the Defendants selected Defendant A as the designated party, and made a demand for distribution with respect to the wages of the final three-month period as the wage creditors of K as follows.

On July 1, 2014, July 2014, 2014: (a) on September 30, 2014; (b) on July 1, 2014; (c) on September 30, 2014; (d) on September 30, 2014; (d) on September 30, 2014; (e) on September 4, 154, 80; (e) on September 30, 2014; (e) on 4,154; (e) on 84,80,80,80,80,80,30,309,09,09,09,0309,0309,0309,030,814; (e) on July 1, 2014; and (e) on July 1, 2014; (e) on July 30, 2014;

E. On November 27, 2015, a court of execution shall have the highest priority wage claim against Defendant A, among the amount actually distributed on November 27, 2015, 502,023,557, which is the date of distribution.