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(영문) 춘천지방법원강릉지원 2017.05.23 2016나51337

배당이의

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with Article 420 of the Civil Procedure Act.

2. The gist of the Plaintiff’s assertion lies in F with the right to refund the lease deposit with the highest priority repayment right as wage claims and small lease deposit against F, and the Plaintiffs’ above wage claims and lease deposit claims have the right to be paid in preference to the right to collateral security.

However, since the instant distribution schedule was prepared by giving priority to the defendant without paying dividends to the above plaintiffs' claims with preferential right to payment, it should be corrected by reducing the amount equivalent to the amount of preferential payment to the plaintiffs among the amount of dividends against the defendant and distributing that portion to the plaintiffs.

3. Determination

A. According to the fact-finding results with respect to wage claim 1) Gap evidence 3-2 through 7, Gap evidence 10-1 through 4, Gap evidence 14-1 through 4, and the fact-finding with the Chief of the Gangwon Local Employment and Labor Office in the first instance court, he/she shall be acknowledged as having subscribed to employment insurance on July 30, 2012 with the insured status of the plaintiff Eul and Eul as the insured respectively, ② from August 8, 2012 to November 11, 2012; ② from the first instance of July 7, 2012 to the part of the plaintiff Eul; from the first instance of October 201, 2012 to the part of the plaintiff Eul; and ④ from the first instance of July 10, 2012 to the part of the first instance court to the part of the plaintiff's judgment; ⑤ from the second instance of July 10, 2012 to the part of the plaintiff's testimony issued to the plaintiff Eul's witness testimony each of the same part of the plaintiff.