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(영문) 청주지방법원 충주지원 2017.01.25 2016가단22991
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. On November 10, 201, the Industrial Bank of Korea completed the registration of creation of a mortgage over KRW 920,000,000 on the maximum debt amount with respect to the joint title Nos. 750, Dong-dong and Dong-dong, Chungcheongnam-gun, Inc. (hereinafter “Tcheon-gun”) owned by Samcheon-gun, Inc., Ltd. (hereinafter “Seoul-gun”);

(hereinafter “instant collateral security”). B.

The Industrial Bank of Korea filed an application for voluntary auction on each of the above real estate with the Cheongju District Court Assistance J, and received a decision to commence voluntary auction on January 19, 2016.

C. On March 29, 2016, the Plaintiff acquired the loans and the instant right to collateral security against Samcheon Machinery through Korea Securities Finance Co., Ltd. from the Industrial Bank of Korea.

On August 10, 2016, the court issued a distribution schedule to the Plaintiff, 719,91,157, 290,000 won to Defendant A, 9,00,000 won to Defendant C, and 9,974,620 won to Defendant C, 12,152,303 won to Defendant D, and 3,935,000 won to Defendant E, and 15,365,295 won to Defendant F, and 1,430,00 won to Defendant H, and 4,00,00 won to Defendant H, and 8,448,842 won to Defendant I (hereinafter “instant distribution schedule”).

On the date of distribution, the Plaintiff raised an objection against the dividend amount to the Defendants.

[Reasons for Recognition] Evidence A Nos. 1 through 7, 22, 23

2. On the other hand, the Plaintiff asserts that the instant distribution schedule should be corrected by eliminating the dividend amount against the Defendants, since the Defendants did not have any claim, such as wages equivalent to the dividend amount stated in the instant distribution schedule with respect to Samcheon Machinery.

Considering the overall purport of the statements and arguments by Gap evidence Nos. 8 through 21, Eul evidence Nos. 1 through 17, defendant A shall have the total of KRW 2,900,000 wages for Samcheon Machinery for the last three months and August 2015, and the total of KRW 2,900,000 wages for Samcheon Machinery, defendant B shall have the total of KRW 9,00,000 wages for the last three months, and defendant C shall have the total of KRW 3 months wages for Samcheon Machinery.

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