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(영문) 대구지방법원 상주지원 2021.01.12 2020가단8189
배당이의
Text

1. The distribution table prepared on September 24, 2020 with respect to voluntary auction cases of B real estate stay in the Daegu District Court.

Reasons

1. Facts of recognition;

A. On September 24, 2020, in the case of voluntary auction of real estate as indicated in the disposition, the auction court prepared a distribution schedule that distributes the amount of KRW 192,283,519, and KRW 187,00,000 to the Defendant (mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage (hereinafter “instant distribution schedule”).

B. On September 24, 2020, the Plaintiff appeared on the dividend date and raised an objection against KRW 2,013,301 of the dividend amount to the Defendant, and on October 5, 2020, Article 161 of the Civil Act provides that “if the last day of the period falls on a Saturday or a holiday, the period shall expire on the following day.”

From September 30, 2020 to October 2, 2020, it is Saturdays on October 3, 2020 and on October 4, 2020, and on Sundays, October 4, 2020, the expiration date of the period for filing a lawsuit for objection to dividends shall be October 5, 2020.

The instant lawsuit was filed.

(c)

C indicated in the application for demand for distribution, which was withdrawn on February 12, 2020, as the principal amounting to 14,167,41 won (wages and retirement allowances claims) in the application for demand for distribution, and indicated in the written confirmation of overdue wages, which is attached thereto, as C’s period of service on June 29, 2019, the amount of wages for the last three months shall be KRW 4,815,923 with the highest repayment on June 29, 2019. On the other hand, the detailed description column of overdue wages, such as overdue wages, is indicated as the period of service on January 1, 2019; the period of service on May 31, 2019: 10,517,415 won; 3,650,026 won in total,14,167,441 won (the total amount of wages for the last three months,62,380 won).

The completion period for demand for distribution in the distribution procedure of this case is until February 12, 2020.

On February 28, 2020, the Plaintiff paid 4,815,920 won as substitute payment for the last three months.

Since then, the actual working period of C was confirmed on January 10, 2018 - May 31, 2019 and issued a written confirmation of overdue wages of which the last three months was modified to 6,829,250 won. Accordingly, the Plaintiff paid substitute payment of KRW 2,013,330 on September 4, 2020 additionally.

(d)

On September 16, 2020, the Plaintiff participated in the instant dividends in lieu of C by reporting rights and demanding a distribution (in addition, succession) in total as KRW 6,829,250,00.

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