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(영문) 인천지방법원 2015.04.24 2014가단63468

배당이의

Text

1. With respect to D real estate auction and E (Dual) auction cases in this Court, this Court shall have jurisdiction over September 17, 2014.

Reasons

1. Determination as to claims against Defendant A and C

A. Indication of Claim: The description of the corresponding part of the grounds for the claim against the defendants

(b) Each judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to the claim against the defendant B

A. Basic facts 1) The F Co., Ltd. (hereinafter “Nonindicted Company”)

(2) On October 21, 2011, Defendant C, the designated party of Defendant B, made a demand for payment based on wage claim, on the ground that the aforementioned Defendant was not paid the wages of KRW 13,467,740 and the retirement allowances of KRW 7,736,410 from Nonparty Company. (2) On the date of distribution made on September 17, 2014, the instant court drafted a distribution schedule that distributes the amount of KRW 15,236,410 to Defendant B as the first wage creditor, and the Plaintiff, the mortgagee, the mortgagee, as the third priority (hereinafter “instant distribution schedule”).

3) On the date of the above distribution, the Plaintiff raised an objection against the total amount of dividends to Defendant B, and filed the instant lawsuit on September 24, 2014, which was within one week thereafter. [Grounds for recognition] The Plaintiff did not dispute, and the entries in Gap’s evidence 1 through 5 (which may include each number of numbers), and the purport of the entire pleadings.

B. The Plaintiff’s assertion 1) The sum of wages to be paid from June 1, 2008 to July 22, 2011 by Defendant B, who had worked for the Defendant B related to wages, is KRW 85,224,921. According to the statement of passbook transactions in the above Defendant’s name, according to the said statement of passbook transactions from August 20, 2008 to July 4, 201, the Defendant received KRW 88,371,082 in total from the non-party company. Furthermore, from March 5, 2009 to April 9, 2011 under the name of the representative director H of the non-party company’s company’s representative director, the sum of KRW 8,10,000 in total, from January 12, 2009 to August 20, 2011, the Defendant did not receive additional wages for three months.

B. Defendant related to retirement pay.