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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a corporation whose purpose is to acquire and transfer bonds, security rights, and other property rights, and the Defendant is to contribute to improving the health of workers in industrial accidents and promoting the welfare of workers by carrying out the wage claim guarantee project under the Wage Claim Guarantee Act.
B. On December 6, 2010, the Plaintiff acquired a loan claim of KRW 200,000,000,000 from the Nonparty Company, as to each real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”) owned by Nonparty Co., Ltd. (the Doz manufacturer; hereinafter “Sez Co., Ltd.”) and machinery No. 31 listed in the separate sheet No. 2 as indicated in the separate sheet No. 2, the Plaintiff acquired the loan claim of KRW 200,000,000 from the Nonparty Company.
C. On July 29, 2013, the Defendant was notified of bankruptcy of the non-party company’s non-party company on July 29, 2013 by the Goyang District Labor Office, and paid KRW 132,396,080 to the non-party, the applicant for substitute payment, for the period from August 14, 2013 to October 22, 2013, for non-party C, D, E, E, F, G, H, I, J, K, M, P, Q, Q, C, T, T, U, V, W, X, Y, Z, and 25 persons (hereinafter collectively referred to as “25 persons, such as C, etc.”) for the last three months’ unpaid wages for the non-party company’s 25 persons including C and for the last three years’ substitute payment.
(hereinafter) The non-party company, who is entitled to a substitute payment, shall be entitled to the payment of wages for the last three months and the retirement allowances for the last three years, including the non-party company C, for which the payment is made.
The Plaintiff filed an application for the auction of the instant real estate auction with the Goyang Branch A, which was acquired from the non-party bank. On March 12, 2013, the auction procedure on each of the instant real estate, etc. was conducted with the decision to commence the auction on March 12, 2013. In the above auction procedure, the auction court on June 23, 2014, shall claim the instant wage, etc.