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1. It was prepared on April 19, 2016 by the same court with respect to the case of the voluntary auction of real estate C with the Suwon District Court Ansan Branch C.
Reasons
1. The following facts may be acknowledged in light of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1-1, 2, 2-1, 2-2, and 3, and there is no counter-proof.
The Plaintiff holds a total of KRW 7,394,377,082 (the maximum bond amount of KRW 7,200,000) claims against the non-party MPex Co., Ltd. (hereinafter “non-party company”).
B. Accordingly, the Plaintiff filed an application for voluntary auction with the Suwon District Court for the above-mortgage D's land and its ground building, etc., which is the real estate subject to the above-mortgage, and in this case, the Defendant A filed an application for a demand to demand a distribution with respect to the amount of KRW 23,701,926, including the amount of KRW 2,512,230, and KRW 500,000 and KRW 11,189,696, April 201 and May 2014, and KRW 22,423,792, as to the amount of KRW 22,79, and KRW 2223,792, as to the amount of wages that were not received from each non-party company.
C. On April 19, 2016, on the date of distribution of the said auction case, the said court: (a) deemed the wage obligee having preferential right to payment as to each of the above amounts that the Defendants demanded the distribution of each of the above amounts; and (b) prepared a distribution schedule to Defendant A to distribute KRW 22,423,792 to Defendant B (hereinafter “instant distribution schedule”); (c) accordingly, the said court set up the distribution schedule to distribute only KRW 5,470,414,28 to the Plaintiff, who is a subordinate mortgagee, as a lower-mortgage, as a distribution of only KRW 5,470,414,28.
Accordingly, the Plaintiff filed the instant lawsuit on April 26, 2016, which was not more than seven days after filing an objection against the total amount of dividends to the Defendants.
2. Determination as to the claim against Defendant A
A. (1) The Plaintiff’s assertion (1) is the cause of the instant claim against the Defendant A, and the amount of wages in March 2014 reported by the Defendant A was increased by KRW 2,512,230,000,000, which is the following month, from April 2014, and such wages are paid.