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(영문) 인천지방법원 2017.01.11 2016가단243534

배당이의

Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Since Defendant Han-gu Co., Ltd. did not make an objection to the distribution by attending the date of distribution on the date of distribution of the above distribution procedure and did not make an objection to the distribution, the plaintiffs raised a safety defense that deemed that it is not qualified as the plaintiff to file a lawsuit of demurrer to the distribution of this case. Thus, a person who is qualified to institute a lawsuit of demurrer to the distribution was present on the date of distribution and raised an objection as to the distribution schedule in substance and raised an objection to the distribution schedule (see Supreme Court Decision 2001Da6315, Sept. 4, 2002). In addition, even the wage creditors with preferential right to payment pursuant to Article 38 of the Labor Standards Act who have the right to payment, may be protected only in accordance with legitimate procedures. The plaintiffs did not demand the distribution of the above distribution procedure, and the fact that they did not make an objection to the distribution on the date of distribution of this case is not a legitimate party entitled to file a lawsuit of demurrer to the distribution of this case, and thus, the aforementioned defense by Defendant Han-gu Co., Ltd. is justified in all of this case.