배당이의 소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. According to the overall purport of evidence Nos. 1, 2, and 4, the Plaintiff, as a creditor of the loan against D, set up a collateral security under Article 507 dong No. 1304 of the Busan E-building No. 504, which was owned by D, and applied for a voluntary auction on September 15, 2014, which was commenced by the Busan District Court's Dong branch branch C. In the above auction, the Defendants demanded a distribution as a wage creditor against D, and accordingly, the Defendants received dividends of KRW 9 million and KRW 6.6 million prior to the Plaintiff's priority over the Plaintiff, and the Plaintiff received dividends of KRW 295,049,467 as a collateral security creditor, and the distribution schedule was prepared by the distribution schedule as of April 23, 2015.
2. The plaintiff asserts that since the defendants did not have the wage claims against D, in collusion with D and made a false demand for distribution, the amount of dividends against the defendants should be distributed to the plaintiff in full.
However, according to the statements in Eul evidence Nos. 1 through 9 (including each number), D employed the defendants as personal business operators engaged in ship design business in the name of F. The defendant A was working at the above workplace from November 1, 2013 to April 30, 2014; the defendant B was working at the above workplace from December 1, 2013 to April 30, 2014; the defendant A was paid KRW 3 million monthly; and the defendant B was paid KRW 200,000 per month. Since D did not pay the defendants wages for three months from February 2014 to April 2014 (the defendant A.9 million, and the defendant B.6 million) the plaintiff's assertion is without merit.
3. In conclusion, the plaintiff's claim against the defendants is dismissed as it is without merit, and it is so decided as per Disposition.