배당이의
1. It was prepared on September 27, 2016 by the said court with respect to the auction case of the real estate B located in the Suwon District Court Ansan Branch.
1. On September 27, 2016, the above court distributed KRW 43,569,450 to the Defendant as the highest wage obligee with respect to the auction of the real estate B in Ansan-gu District Court, Ansan-si, the fact that the above court set up a distribution schedule (hereinafter “instant distribution schedule”) that distributes the amount of KRW 3,217,345,739 (78.05%) to the Plaintiff, who is the applicant obligee, to the lower court, is not a dispute between the parties.
2. The plaintiff asserts that the defendant should delete the amount of dividends to the defendant from the distribution schedule of this case on the ground that he cannot be deemed the employee of the non-party company since he/she was in charge of management while serving as the president of the debtor corporation C (hereinafter "non-party company").
The defendant asserts that the defendant has the right to receive dividends as wage creditors in the above auction procedure, because he did not take charge of management and provided labor under the direction and supervision of representative D.
3. Determination as to whether the defendant is a worker of the non-party company, the defendant prepared an employment contract with the non-party company on April 1, 2010, and was the insured of the non-party company's employment insurance from April 1, 2010 to October 16, 2015. The non-party company is related to the non-party company's "C" and its affiliated company, and the non-party company is in charge of manufacturing business and business management, and the non-party company is not registered as a director in the register of the non-party company. The defendant is not a member of the board of directors in charge of planning office of the non-party company's strategic planning office and is not a member of the board of directors in charge of the non-party company's strategic planning office, and the representative D of the non-party company was a member of the non-party company's company and did not participate in the approval on the implementation of the "common delegation decision" among the above companies.