배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The plaintiff is a creditor of C Co., Ltd. (hereinafter referred to as “C”).
As to the real estate owned by C, the procedures for the auction of real estate rent to Gunsan Branch B of the Jeonju District Court (hereinafter “instant auction procedures”). In the said auction procedures, the Plaintiff reported that C had a claim of KRW 2,405,372,666, and received dividends of KRW 1,112,759,485 on the date of open distribution on December 17, 2015.
In the instant voluntary auction procedure, the Defendant reported the total amount of KRW 67,022,294 to the said workers including the Defendant himself/herself as the designated parties to D, E, F, G, H, I, J, K, and L (hereinafter “instant workers”), and was fully distributed the reported amount on the date of open distribution on December 17, 2015.
The plaintiff appeared on the date of the above distribution and stated an objection against the defendant's dividend.
[Ground of recognition] The Plaintiff’s assertion that there was no dispute, the entry of the evidence No. 1, and the purport of the entire pleadings, and the Plaintiff’s claim for judgment on the claim for the purport of the entire pleadings (hereinafter “D&A”) leased and occupied the entire factory of C from C on June 21, 2013, and thereafter, the aforementioned factory is occupied as the lien holder after the lease period expires.
As such, C, after June 21, 2013, even though it is difficult to deem that it was practically engaged in the business while employing workers, the instant workers continued to serve in C even after the said time and reported the unpaid benefits and retirement allowances.
(B) E, G, H, J, K, and L are included in the reported service period after the full suspension of business. Accordingly, the allocation of unpaid wages and retirement allowance claims reported by the Defendant must be deleted.
In addition, in the case of G and J, the family members of C are suspected of being C's workers, and they appear to have worked as "domination and assistance."