beta
(영문) 청주지방법원 2018.05.16 2018나306

배당이의

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows: “(A) Nos. 15 through 15 of the 5th court of first instance (the entry of evidence No. 29 cannot be confirmed in addition to L)” is the ground for the judgment of the court of first instance, except for deletion of parts, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The addition of judgment;

A. The wage creditors may receive preferential dividends when they demand a distribution from the auction procedure by the completion period for the demand for distribution or when they completed provisional seizure by using the wage claims with preferential right to payment prior to the commencement of the auction procedure as the claim claims (see, e.g., Supreme Court Decision 2002Da52312, Jul. 22, 2004). The fact that the Plaintiff received the provisional seizure order on the land of this case by making the labor cost of KRW 18 million as the claim claims against E as the claim claims. The fact that the Plaintiff asserted that he/she was the wage creditors against E, and the Plaintiff claimed a distribution of KRW 18 million as the wage creditors against the instant lawsuit of this case is deemed to have been related to E. As long as the labor relationship between the Plaintiff and E is not acknowledged, the Plaintiff cannot receive preferential dividends from the auction procedure of this case, and it is difficult to view that the Plaintiff’s business relations with the Plaintiff and the parties to the instant construction of documents and physical materials related to E are identical to the Plaintiff’s business relations with D and E.