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(영문) 수원지방법원평택지원 2017.08.22 2017가단50926
배당이의
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 18, 2017, the Suwon District Court rendered a distribution schedule by deeming the Defendants as the first-class wage obligee of the E Co., Ltd., and allocating KRW 19,917,309 to Defendant A, Defendant B, and KRW 18,277,846 to Defendant C, and distributing KRW 745,153,451 to the Plaintiff, who is the applicant creditor, as the mortgagee.

B. On the date of distribution, the Plaintiff stated an objection against the total amount of the said Defendants’ dividends, and filed the instant lawsuit on January 24, 2017.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2 and 5

2. Determination on the cause of the claim

A. The Defendants asserted that the Plaintiff’s assertion is not the wage obligee of E Co., Ltd., and even if they are the wage obligee, the amount exceeding the sum of the wages for the last three months and the retirement allowances for the last three years should be corrected.

B. In a lawsuit of demurrer against distribution, the Plaintiff does not assert or prove the facts constituting the grounds for objection against distribution, and thus, the obligee who filed an objection against distribution by asserting that the other party’s claim is disguised, bears the burden of proof as to such claim.

(1) Defendant B and A are registered as an intra-company director of the E company under the following circumstances: (a) Defendant B and A appear to have been registered as an intra-company director on the ground that a person to be registered as a new intra-company director due to the resignation and death of an existing director; (b) Defendant B and C appear to have been seen to have been registered as an intra-company director; (c) Defendant B were employed as an on-site director of the E company until October 31, 2014 and worked as the on-site director of the E company until October 7, 2014, and paid wages of KRW 3,743,610 on July 7, 2014.

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