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(영문) 대전고등법원 2015.03.20 2014나10913
배당이의
Text

1. Of the judgment of the court of first instance, the part against the Defendants as stated in the separate sheet shall be revoked, and the said part shall be revoked.

Reasons

1. Basic facts

A. 1 Status of the Parties 1) CK Co., Ltd. (hereinafter “Bankruptcy Company”).

(2) On May 9, 2011, the Plaintiff was declared bankrupt by Seoul Central District Court Decision 2011Hahap53, the company. 2) The Plaintiff is a company taking over the secured claim from the National Bank of Korea in accordance with Article 81(1) of the Asset-Backed Securitization Act, the Act on Real Estate of 101, 102, 201, 201, 301, 301, 401, 401, 501, 601, 601, 601 (hereinafter “instant real estate”), and the Act on Real Estate of 201, 56.40 square meters, 56.63 square meters, 50, 262, and 267 square meters (hereinafter “the instant real estate”).

3) The Defendant Workers’ Compensation and Welfare Service is a public corporation established under the Industrial Accident Compensation Insurance Act in order to contribute to the promotion of workers’ welfare by implementing the wage claim guarantee business under the Wage Claim Guarantee Act, and the Defendant Workers’ Compensation and Welfare Service is the employees of the bankrupt company. B. In the instant auction procedure, the instant real estate owned by the bankrupt company was put into effect on July 19, 201 upon the Plaintiff’s application for auction (hereinafter “instant auction”).

2) The Defendant Labor Welfare Corporation paid a substitute payment to the employees of the bankrupt company pursuant to Article 7 of the Wage Claim Guarantee Act on behalf of the bankrupt company, and received a demand for distribution in subrogation of the above employees in the auction procedure of this case pursuant to Article 8 of the same Act. The Defendant workers were the workers who did not receive a substitute payment from the Defendant Labor Welfare Corporation, and made a demand for distribution on the basis of the wage and retirement allowance claim in the auction procedure of this case.

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