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Reasons
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(영문) 수원지방법원성남지원 2016.11.04 2016가단9819
배당이의
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1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Facts of recognition;

A. On November 2012, Nonparty E entered into a construction contract with respect to the construction of the instant construction work of Nonparty F, G, and land-based neighborhood living facilities (hereinafter “instant construction work”).

B. G agreed to pay wages to the Plaintiff (Appointed Party), etc. employed in relation to the instant construction project, and E, on December 26, 2013, to pay the sum of KRW 23,850,000 as wages from February 26, 2013 to the Plaintiff (Appointed Party), Appointed I, J, and K as loans after completion ( February 26, 20104).

C. On April 7, 2015, the Plaintiff (Appointed Party) filed a lawsuit against the Appointor seeking payment of wages, etc. against the Appointor I, J, and K, with the authority of the Appointor I, and filed a lawsuit against the Appointed Branch of the Suwon District Court (No. 2014Kadan25114). On December 26, 2013, the above court rendered a final judgment on the Plaintiff (Appointed Party)’s wage of KRW 5,00,000, the Appointor I, J, and K agreed to pay the difference between the wages of the other workers (Appointed Party) and the amount of KRW 5,00,00,000, KRW 6,590,000, and KRW 4,760,000, and KRW 750,000, and KRW 7500,000, and damages for delay against the Appointor.

The auction of real estate in E, etc. (U.S. District Court Sungnam Branch C, D (Joint) and hereinafter “instant auction”) was conducted, and the Plaintiff (Appointed Party) requested the Plaintiff to distribute the total amount of KRW 23,850,000 in accordance with the above judgment at the instant auction. On April 22, 2016, the above court prepared a distribution schedule with the content of allocating the amount of KRW 5,530,000 to the Selection, KRW 1,530,000 to the Selection, KRW 2,605,00 to the Selection, and KRW 2,720,000 to K, respectively, and the Plaintiff (Appointed Party) appeared on the date of distribution on April 22, 2016 to raise an objection against the total amount of dividends against the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, and pleadings.

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