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(영문) 대구지방법원서부지원 2016.09.21 2015가단3659
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. On May 23, 2014, the Changwon District Court ordered D Co., Ltd. (hereinafter “D”) to pay to the Plaintiff the total amount of KRW 215,509,500 due to the supply of fishery products from October 20, 2013 to March 31, 2014, and to pay damages for delay at the rate of 20% per annum from June 3, 2014 to the date of full payment (20% per annum), and the above payment order became final and conclusive on June 17, 2014.

B. On July 30, 2014, the Plaintiff filed an application for compulsory auction of real estate on the 136,065,090 square meters and three-story buildings owned D’s land reinforced concrete building based on the above payment order on July 30, 2014, in order to recover the remainder of 136,065,090 won, excluding the amount partially recovered, and the delay damages therefor, and the Panel of the Daegu District Court decided to commence compulsory auction on August 1, 2014.

(C). (c)

From June 11, 1999 to July 31, 2013, the Defendant served in D and retired on August 1, 2013, and demanded dividends of KRW 7,50,000,00 (=2.5 million x three months) and retirement allowance claim for the last three-year retirement period (=81,521.73 x 30 days x 30 days x 30 days) for the total of KRW 14,836,955 and the remainder of unpaid wages and retirement allowance claims and retirement allowance claims of KRW 22,270,685.

On February 11, 2015, a court of execution prepared a distribution schedule that distributes dividends of KRW 2,345,429,291, which deducts expenses for enforcement from the proceeds of sale and interest, to the Defendant in the first priority order, KRW 14,836,955.

E. The Plaintiff’s attorney F was present on the date of distribution on February 11, 2015, and raised an objection against the total amount of the above dividend amount against the Defendant. Since then, the Plaintiff filed the instant lawsuit on the 17th day of the same month.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3, 14, Eul Nos. 1, 14, and the purport of the whole pleadings

2. The plaintiff's assertion is G, the representative of D.

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