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(영문) 수원지방법원 2018.05.17 2017구합70510
배분처분취소
Text

1. As to each real estate listed in the separate sheet No. 1 list (management number: B) on November 9, 2017.

Reasons

1. Details of the disposition;

A. The Plaintiff (designated parties, hereinafter “Plaintiffs”) and designated parties (hereinafter referred to as “Plaintiffs”) are the workers of Nice Data Korea Co., Ltd. (hereinafter “instant company”).

B. At the time of retirement from around 2014 to around 2015, the Plaintiffs re-entered the instant company with the employment relationship with the instant company, and had not been paid at the time of the re-admission, and there was wages and retirement allowances that were not paid after re-admission.

C. As the instant company is delinquent in paying taxes, the head of the Gu during the Yanyang-si, seized each real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”) owned by the instant company, and requested the Defendant to vicariously sell the instant real estate by public auction.

(hereinafter “instant public auction procedure”). D.

On the other hand, each real estate of this case was registered to establish a new mortgage on September 6, 2010 under the name of the National Bank of Korea (hereinafter “National Bank”), the maximum debt amount of which was 4,420,000,000.

E. Under Article 38(2) of the Labor Standards Act and Article 12(2) of the Guarantee of Workers' Retirement Benefits Act, the Plaintiffs received a substitute payment from the Korea Workers' Compensation Corporation pursuant to the Wage Claim Guarantee Act as part of the wages and retirement allowances claims that were not paid in advance before and after the re-admission of the company. In the instant public sale procedure, the Plaintiffs demanded a distribution of the sales price based on the remainder of the claims, other than the substitute payment already paid, among the claims recognized as the above top priority repayment right, and the National Bank demanded the distribution of the sales price based on the claims secured by the said right to collateral security during the instant public sale procedure.

F. The Defendant, on August 23, 2017, deposited KRW 2,725,00,000 and deposited interest KRW 257,610,00.

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