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(영문) 의정부지방법원 2018.06.15 2017가단29781
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination

A. According to the distribution schedule prepared on December 26, 2017 in this Court B real estate auction case, which is the debtor, C, the fact that the plaintiff received KRW 0 and the defendant paid KRW 46,428,410, respectively, among the plaintiff and the defendant, there is no dispute between the plaintiff and the defendant. However, the plaintiff only worked in the "E" operated by C only in the form of the plaintiff, and actually worked in the "F" operated by C from April 1, 2014 to December 31, 2016, and KRW 5,000,000, out of the wages not paid by C, shall be entitled to preferential payment as wages of the last three months.

B. According to the evidence evidence No. 1, evidence No. 1, and evidence No. 2-1 of the evidence No. 2, the fact that the Plaintiff received KRW 2,00,000 from C on April 6, 2016, the Plaintiff’s deposit of KRW 2,00,000 from C on April 13, 2016, and KRW 2,000,000 on April 20, 2016, and KRW 3,00,00,000 on May 25, 2016, and KRW 2,159,070 on November 21, 2016, and KRW 20,000 on December 27, 2016, and KRW 00 on December 27, 2010, KRW 000 on deposit in the Plaintiff’s account.

However, the following circumstances are revealed in the statement Nos. 2-1 and 2-2: (i) the Plaintiff asserted that he/she was a four-party employee E operated by her husband D, and (ii) the Plaintiff was working in E operated by her husband from April 1, 2014 to December 31, 2016; (iii) the Plaintiff asserted that the Plaintiff was working in E, the partial period of which was September 25, 2015; (iv) KRW 1,481,540, the partial period of which was September 25, 2015; and (v) KRW 1,381,540,000 on October 30, 2015; and (v) the Plaintiff did not submit specific data on December 24, 2015.

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