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(영문) 서울중앙지방법원 2019.04.19 2018가단5131172
배당이의
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit (2017 Ghana4434) in the Seoul Central District Court against G, alleging that the Plaintiff had not been paid wages while serving as the secretary in the G, a non-party incorporated association (former title: H: an incorporated association; hereinafter “G”), and was sentenced by the above court that “G shall pay the Plaintiff KRW 15,000,000 and damages for delay from April 1, 2012.” The above judgment became final and conclusive around that time.

On October 11, 2018, the Plaintiff filed a lawsuit for wage claim against G with the Seoul Eastern District Court (2018Gadan11480), and sentenced that “G shall pay the Plaintiff wages of KRW 85,00,000,000 for 17 months from April 201 to August 2013, 2013, and the said judgment became final and conclusive around that time.”

B. On November 27, 2015, the Defendants filed a lawsuit against G to claim wages (2015da144400) with the Seoul Central District Court (hereinafter “Seoul Central District Court”) and received a judgment from the above court that “G would pay 12,000,000 won to Defendant B, 12,000,000 won to Defendant C, 12,000,000 won to Defendant D, and 9,000,000 won to Defendant E, and damages for delay from June 15, 2015, the said judgment became final and conclusive around that time.”

C. The Seoul Central District Court’s distribution procedure regarding G’s property (hereinafter “instant distribution procedure”) was in progress. The Plaintiff and the Defendants received a claim for distribution by obtaining a seizure and collection order based on each of the above judgments, and the said court distributed the Plaintiff KRW 15,00,000, KRW 450,000 to Defendant B, KRW 3,000 to Defendant C, KRW 3,500,000 to Defendant D, and KRW 1,50,000 to Defendant E, KRW 60,269,898, KRW 6,457,488 to Defendant B, KRW 5,165,92 to Defendant C, and KRW 5,92 to Defendant D, KRW 165,92 to Defendant C, and KRW 3,50,00 to Defendant C, KRW 3,500,00 to Defendant E, and KRW 1,500,00 to Defendant E, KRW 384,97,394 each of the distribution schedule.

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