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(영문) 수원지방법원성남지원 2016.01.13 2014가단32228
배당이의
Text

1. As to the case of Suwon District Court B real estate auction and C (Dual) auction, the case of Suwon District Court (Seoul) real estate auction.

Reasons

1. Basic facts

A. The Plaintiff served in Dasa Co., Ltd. from June 10, 1996 to August 19, 2013.

B. Voluntary auction was initiated to Sungwon District Court Sung-nam Branch B with respect to the real estate owned by Daman Co., Ltd., and thereafter the above court C's application case overlaps.

(hereinafter collectively referred to as “instant auction procedure”). C.

At the time of retirement, the Plaintiff was not paid KRW 4,614,960 as well as KRW 283,743,420 as retirement pay on September 9, 2013. The Plaintiff received KRW 10,102,610 out of the retirement pay, and subsequently received KRW 2,100,000 from the Employment and Labor Agency and KRW 6,40,000 corresponding to the part of the retirement pay for the last three years out of the unpaid retirement pay.

On December 6, 2013, prior to the final date for demand for distribution (23, 2013), the Plaintiff selected D as the appointed party in the instant auction procedure, and D submitted to the auction court a letter of demand for distribution seeking dividends of KRW 278,25,70,00 in total, the amount of KRW 4,614,960, retirement allowances of KRW 273,640,810, as well as retirement allowances of KRW 278,255,70 in the name of the appointed party.

The letter of demand for distribution was accompanied by a written confirmation of overdue money and valuables issued by the head of the Sung-nam District Office of the Central Employment and Labor and a written confirmation of acquisition of health insurance qualification issued by the National Health Insurance Corporation.

E. On October 2, 2014, the auction court distributed dividends on the date of distribution as follows:

1) The Defendant as the fourth-class dividend holder distributed KRW 587,668,143 to the Plaintiff as the employee having the highest priority payment right. 2) The Plaintiff recognized the Plaintiff as the employee having the highest priority payment right, and distributed KRW 23,117,130,00 remaining after deducting KRW 8,40,000 paid as substitute payment from the total amount of KRW 31,517,130, which is the retirement pay for the last three months among the unpaid retirement allowances, and KRW 26,902,17,130 for the last three years among the unpaid retirement allowances.

F. D is present on the aforementioned date of distribution in the position of the designated parties, and KRW 13,807,350 should be additionally distributed to the Plaintiff.

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