beta
Text
1. The application for intervention of an independent party intervenor shall be rejected;
2. Goyang District Court C, D, and .
Reasons
1. Facts of recognition;
A. On June 29, 2017, the Plaintiff received dividends of KRW 1,09,697,598 in the order of priority as a mortgagee on the date of distribution open on June 29, 2017 with respect to the auction of real estate (hereinafter “instant auction”) in the name of the non-party Industrial Bank of Korea, which was established in relation to each of the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) listed in the separate sheet No. 1, as indicated in the non-party Industrial Bank of Korea (hereinafter “the instant real estate”).
B. The wage and retirement allowance creditors against the non-party company selected the defendant as the designated party to demand the distribution, and received the dividend of the sum of KRW 170,660,594 in the order of priority wage creditors as shown in the attached Table 2 on the date of the above distribution.
C. The Plaintiff appears on the date of the above distribution and the Defendant’s amount of KRW 170,660,594 among the Defendant’s dividend amount of KRW 170,660,594, the employees employed in the selected company G, H, I, J, J, K, L, M, N,O, P, or Q, who were their spouse, appears to have made a demand for distribution on behalf of P or Q.
R and S (hereinafter referred to as “the aforementioned designated parties each of the instant cases”) filed an objection to KRW 74,168,082 in total, the amount of dividends against R and S (hereinafter referred to as “the instant designated parties”) and filed the instant lawsuit on July 5, 2017, within seven days thereafter.
On the other hand, on July 7, 2017 and August 3, 2017, the Intervenor paid a substitute payment of KRW 62,117,750 as indicated below to each of the instant designated parties on August 3, 2017.
The difference between the amount of dividends paid by the selector (i.e., substitute payment) 1 G 5,421,290 5,421,290 5,290,290 2 H 4,220,000 3,125,330 1,094,670 3 I 9,250,670 5,650,650 3650 4,600 5,604,605,600 5,600 4,6003,9030,30670,670,670, 670, 2000 63,70,760,000 60,007, 300,008,508,640,005, 309,005, 304,005, 3008