Text
1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of the lawsuit shall be borne by the Plaintiff (Appointed Party).
Reasons
1. Basic facts
A. The Plaintiffs and the designated parties are those with wage and retirement allowance claims that are recognized as preferential payment right under the Labor Standards Act and the Guarantee of Workers’ Retirement Benefits Act for E Co., Ltd. (hereinafter “E”), and they filed an application with the Gwangju District Court for payment order against E as to the above wage and retirement allowance claims, and received payment order on April 9, 2015, which became final and conclusive on May 1, 2015.
B. The Defendant, as a creditor of the loan to E, filed a lawsuit against E, such as a loan, etc., with the Seoul Central District Court 2015Kahap581983, and won the lawsuit, which became final and conclusive.
C. Based on the foregoing final judgment, the Defendant applied for a seizure order of KRW 2,501,222,079 on two trademark rights owned by E (hereinafter “instant trademark rights”) based on the foregoing final judgment, and received a seizure order on December 28, 2016, and filed an application with the Gwangju District Court 2017TTT31247 to issue a special cash order on May 12, 2017.
On November 16, 2017, the enforcement officer delegated under the above sale order set the sale date to F, and the trademark right of this case was sold in total to 296,960,000 won on the above date, and the enforcement officer submitted the above sale price of KRW 296,960,000 to the executing court on December 22, 2017.
E. Meanwhile, based on the above finalized payment order, the Plaintiffs filed a claim amounting to KRW 1,905,232,966 with the obligor E’s third obligor’s claim against the obligor E (the amount until the aforementioned amount is paid out of the amount that the obligor would have received as the sale price of trademark rights in the F case from the third obligor) and received the claim attachment and collection order on December 18, 2017 (hereinafter “instant claim attachment and collection order”). This was served to the Republic of Korea on December 20, 2017.
F. The executing court shall make the above proceeds of sale 296,960.