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(영문) 서울남부지방법원 2016.12.09 2016가합102499
배당이의
Text

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’s acquisition of the Plaintiff’s right to collateral security (1) was changed from B Co., Ltd. (C on January 1, 2009).

“B” regardless of whether before or after the amendment;

on December 30, 2008, Geumcheon-gu Seoul Metropolitan Government No. D, 1012 (hereinafter “instant real estate”) owned by it and owned by it.

2) After 200 million won, our bank transferred the right to collateral security to the Plaintiff to secure the right to collateral security and the right to collateral security to collateral security to the Plaintiff.

B. B, such as the payment of a substitute payment by the Defendant, was decided on March 19, 2014 (Seoul Central District Court 2014 Ma27). The Defendant is paid on behalf of the employer the unpaid wages, etc., notwithstanding Articles 7 and 7 of the Wage Claim Guarantee Act (1) where the employer falls under any of the following subparagraphs, if the retired worker wishes to pay the unpaid wages, etc., the Minister of Employment and Labor shall pay on behalf of the employer the unpaid wages, etc., notwithstanding Article 469 of the Civil Act concerning payment by a third party:

1. Where it is decided to commence rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act;

2. Where a ruling of bankruptcy is rendered pursuant to the Debtor Rehabilitation and Bankruptcy Act, in lieu of B, the total amount of wages for the last three months from April 9, 2014 to April 28, 2015, paid KRW 55,519,250 in total or part of the retirement allowances for the last three years to the retired workers, including E, who are retired workers, from April 9, 2014 to April 28, 2015 (hereinafter “paid workers”).

C. On August 25, 2015, the Plaintiff filed an application for a voluntary auction of real estate property A with respect to the instant real estate on August 25, 2015, and on August 26, 2015, the decision to commence voluntary auction (hereinafter “instant auction”).

(2) In the auction procedure of the instant case, the Plaintiff was a creditor of the right to collateral security and paid substitute payment for the sum of KRW 1,034,342,464, as a creditor of the right to collateral security.

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