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(영문) 인천지방법원 부천지원 2018.10.25 2017가단118478
배당이의
Text

1. The plaintiff (appointed)'s claim is dismissed.

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

Reasons

1. Basic facts

A. On December 15, 2017, with respect to the auction of real estate B in this Court, C (combined), D (Joint), E (Joint), and F (Joint) cases, a distribution schedule was formulated to distribute KRW 4,058,778 to the Plaintiff (Appointed Party), Defendant Gimchi Agricultural Co., Ltd. in KRW 112,00,000, and KRW 386,629,907 (hereinafter “instant distribution schedule”).

B. On December 15, 2017, the date of distribution of the said auction case, the Plaintiff raised an objection to the dividend amount against the Defendants, and filed the instant lawsuit on December 22, 2017.

[Reasons for Recognition] The entry of Gap evidence No. 1 and the purport of the whole pleading

2. The assertion and judgment

A. The Plaintiff and the designated parties agreed to receive KRW 180,000 per day after being employed by G, while G did not pay KRW 72,060,000 in the aggregate of wages from January 2, 2015 to February 10, 2015.

Since the above claims of the Plaintiff and the designated parties are the wage claims for the last three months for which the right to preferential payment prescribed in the Labor Standards Act is guaranteed, the instant dividend table should be revised as stated in the purport of the claim.

B. According to the evidence evidence Nos. 1) 2 and 3, G is a notarial deed of debt repayment contract (hereinafter “notarial deed of this case”) with the content that, on March 3, 2015, between January 2, 2015 and February 10, 2015, G approves that the wages in arrears with the Plaintiff and the designated parties amount to KRW 72,060,000 in total as shown in the attached Table and promises to repay until March 31, 2015.

A) The Plaintiff prepared a statement. The Plaintiff applied to G for a payment order based on the instant authentic deed to the Busan District Court Branch Kim Jong-si (Seoul District Court), and received a payment order on June 19, 2015, and the said payment order became final and conclusive on July 8, 2015. (2) Meanwhile, considering the overall purport of the pleadings in each of the evidence No. 1 and No. 1, the Plaintiff and the designated parties’ retirement date is written in November 2014 and December 2014, and the Plaintiff and the designated parties are written in each of the evidence No. 1 and No. 1.

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