배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On January 6, 2012, the Plaintiff filed a lawsuit against the Defendant for non-payment of wages and retirement allowances, and on January 6, 2012, the judgment of the Gwangju High Court rendered that “the Defendant shall pay the Plaintiff wages and retirement allowances and retirement allowances, 829, 879 won, and delay damages therefor,” and the said judgment became final and conclusive around September 2013.
B. Meanwhile, on September 11, 2013, the Defendant filed a claim for damages against the Plaintiff for tort, and rendered a judgment on September 11, 2012 or 1909 that “the Plaintiff shall pay KRW 163,824,225 to the Defendant and damages incurred therefrom,” which became final and conclusive around January 2014. In addition, the Defendant filed a claim for indemnity against the Plaintiff, and the judgment was rendered that “the Plaintiff shall pay KRW 9,468,807 to the Defendant and damages incurred therefrom,” and the judgment became final and conclusive around that time.
C. Based on the judgment of the foregoing Gwangju High Court Decision 2010Na6825, the Plaintiff applied for the attachment and collection order of the Defendant’s claim against Samsung Electronic Co., Ltd. as the Gwangju District Court 2012TT No. 868, and accordingly, the Plaintiff issued the attachment and collection order on January 30, 2012 and became final and conclusive around that time.
In this regard, Samsung Electronic Co., Ltd. deposited 41,080,677 won in the Gwangju District Court in 2013 gold No. 8434 in November 1, 2013.
E. On April 14, 2015, the amount of KRW 41,256,206 was distributed to the Plaintiff in the distribution procedure between Gwangju District Court and Gwangju District Court.
F. Meanwhile, based on the above Gwangju High Court Decision 2012Na1909, the Defendant requested the Jeonju District Court 2013TTB to issue a seizure and collection order as to the claim for dividend in the distribution procedure B of the said Gwangju District Court, and accordingly, issued a seizure and collection order on November 5, 2013, and confirmed around that time. Moreover, the Defendant was based on the judgment of the Jeonju District Court 2014Gaga98232.