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(영문) 수원지방법원안산지원 2015.06.17 2013가단110290
부당이득반환청구의 소
Text

1. The defendant's 1,80,000 won to the plaintiff A, 10,138,233 won to the plaintiff B, and 7,681,081 won to the plaintiff C and each of them.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) obtained a loan from the Industrial Bank of Korea, and provided a collateral on its own real estate as a security.

B. However, D was unable to repay the above loans from time to time due to financial difficulties, such as closing the business on July 22, 2010, and the Industrial Bank of Korea was the Suwon District Court Ansan Branch E on September 2, 2010.

It received a decision of voluntary auction of real estate based on the right to collateral security.

(hereinafter referred to as “instant auction procedure”)

The defendant is entitled to do so from the Bank of Korea.

The right to collateral security was taken over. D.

D The employees of the D selected parties selected F as the designated parties, and reported the rights related to overdue wages and retirement allowances and made a demand for distribution at the auction procedure of this case.

However, eight of them submitted the confirmation of overdue money and valuables issued by the Central Labor Agency of the Central Labor Agency of the Central Labor Agency, but the plaintiffs, etc. submitted only the detailed statement of overdue money and valuables confirmed by the business owner.

E. On the other hand, on April 8, 201, Korea Labor Welfare Corporation paid D employees wages and retirement allowances, such as paying substitute payment of KRW 13,200,000 to Plaintiff A.

F. On October 1, 2013, the foregoing court prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content of distributing dividends to the Defendant, who is a mortgagee, in the fourth order of priority, among D’s employees who are wage creditors, and the Korea Workers’ Compensation and Welfare Service, who are the right to provide substitute payments.

Accordingly, the plaintiffs who failed to submit the confirmation center for overdue money and valuables did not receive dividends.

G. Thereafter, on October 29, 2013, the Plaintiffs were issued from the Central Labor Agency in charge of confirming the amount of overdue money and valuables in arrears, such as the detailed statement of the amount of overdue money and valuables in arrears, to the competent Regional Employment and Labor Agency (hereinafter “the verification center of the amount of overdue money and valuables”).

【Unsatisfied facts, Gap's entries in Gap's evidence 1, 3 through 12, and the purport of the whole pleadings

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