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1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Progress of the distribution procedures;
A. For the purpose of KRW 53,830,672, the Plaintiff filed a lawsuit for the claim for the price of the goods against E with the head of the D Hospital, with the Busan District Court Branch 2018Kadan108269, which won the claim for the price of the goods, and winning the lawsuit and winning the lawsuit, and the Defendant retired on September 25, 2017 from the office of the head of the administration or administration at the hospital operated by E, and the competent Labor Management Office filed a petition for the overdue payment against E from May 2016 to September 2017, but withdrawn it on November 2017.
B. The plaintiff is the above A.
In order to execute the final judgment of the Busan District Court in Busan District Court, the credit card companies that entered into a credit card merchant agreement with E with the debtor for the execution of the final judgment of support of E, which received the same order as to monetary claims against E in relation to the above credit card companies, as the case of the seizure and collection order of claims No. 2019, 1019.
C. The wage creditors, including Nonparty F and G, who are employees of E, received a seizure and collection order from the Changwon District Court 2016TT 8138, 2018TT 106410 as to the above monetary claims against the said card companies, and the Defendant also received a payment order from the Changwon District Court 2017T 2006 on the ground that he/she had the wage claims against the said card companies. Based on such order, the Changwon District Court 2018T 2017T 2006 issued a seizure and collection order from the Changwon District Court 2018T 107985.
Accordingly, the third obligor was competing with the right holder such as the collection obligee, and the execution deposit of KRW 24,368,084 was made for the debt amount of KRW 24,368,084, and the distribution procedure of the deposit was conducted as C dividend case.
As a result of the instant case’s progress, F, G and the Defendant, who reported rights to wage creditors among KRW 24,370,486, which was actually distributed on the date of distribution open from October 25, 2019, was distributed in proportion to the amount of KRW 915,974 (the reported bond amount of KRW 3,827,216), KRW 1,914,655 (the reported bond amount of KRW 8,000), KRW 21,539,857 (the reported bond amount of KRW 90,000) (the reported bond amount of KRW 90,000).
E. The plaintiff is present on the above date of distribution and on the defendant's dividends.