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(영문) 광주지방법원목포지원 2015.05.29 2014가단4154

배당이의

Text

1. The document prepared on April 10, 201 by the said court with respect to the G real estate auction case in the Gwangju District Court Gopo-gu G real estate branch.

Reasons

1. Basic facts

A. The Plaintiffs were working in H Co., Ltd. (hereinafter “Nonindicted Company”) and were retired from office. The Defendant, as a creditor to the Nonparty Company, is the second-class mortgagee of the lower-class collective security right on the third-class factory of the 3rd class above the 5th class above the previous Yong-gun, Yongnam-gun,

(1) The first mortgagee is the Small and Medium Business Corporation.

The Small and Medium Business Corporation filed an application for voluntary auction on the factory buildings, etc. described in the foregoing paragraph (A) with the Gwangju District Court GY G GD (hereinafter “instant auction”), and the Plaintiffs filed a report on rights and demand for distribution as described in the following table (1). On April 10, 2014, the said court: (a) considered the wage creditors, including the Plaintiffs, as the first priority order; (b) prepared a distribution schedule with the content that distributes dividends of KRW 208,281,246 to the Small and Medium Business Corporation as the second priority order; and (c) considered the Defendant as the third priority order.

A CD EF

C. Meanwhile, on the date of the above distribution, the Plaintiff A raised an objection against KRW 8,496,666 among the amount distributed to the Defendant; KRW 4,300,00 against Plaintiff B; KRW 9,420,810 against Plaintiff C; KRW 3,308,270 against Plaintiff D and E; and KRW 5,925,00 against Plaintiff F, respectively.

[Ground of recognition] Facts without dispute, or entries in Gap evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. The non-party company asserted that the Plaintiffs were in arrears with the portion of November 2012 and the portion of December 2012 due to management difficulties, and that the labor relationship with most workers including the Plaintiffs was terminated on December 31, 2012 in terms of restructuring.

(1) However, Plaintiff A entered the date of retirement in the document without any particular consideration on March 31, 2013, as the completion date of the work for Nonparty A on March 31, 2013, which was issued by the National Pension Service branch (No. 7-2). ② Plaintiff B, D, E, and F, upon consultation with Nonparty A in preparation for the possibility of re-admission.