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1. The defendant has against the plaintiff in the distribution procedure of the Seocho Branch C in the Chuncheon District Court.
Reasons
1. Basic facts
A. On December 24, 201, the Plaintiff filed an application for a payment order against E, E’s wife F, and G, who jointly operated two manufacturing companies, for the payment order of KRW 39,658,498, which was not paid in D (i.e., wages of KRW 20,000,000 for business trip expenses of KRW 19,658,498). On December 24, 2013, the Plaintiff received the payment order of the content accepting the Plaintiff’s claim (hereinafter “instant payment order”).
The instant payment order was served on December 30, 2013 to E, F, and G, respectively, and was finalized on January 14, 2014.
B. On September 1, 2014, the Defendant, as F-friendly children, applied for an auction of corporeal movables of a factory owned by Chuncheon District Court, in accordance with the notarial deed of a promissory note of KRW 63,000,000 on August 22, 2014, on September 1, 2014.
On February 9, 2015, the said court drafted a distribution schedule that distributes the Plaintiff KRW 7,029,540 to the Plaintiff, KRW 135,313 to H, and KRW 17,049,550 to the Defendant, respectively (hereinafter “instant distribution schedule”).
C. The Defendant filed a lawsuit of demurrer against the Plaintiff and H as 2015Kadan5666, the lower court asserted that the Plaintiff should reduce the Plaintiff’s amount of dividend KRW 7,029,540 to KRW 1,60,000 on the grounds that the Plaintiff was paid KRW 38,050,000 out of the amount of the claim of the instant payment order.
However, as of February 9, 2015, the above court did not accept the defendant's above assertion, and rather, there existed 24,621,593 won of the plaintiff's claim and retirement allowance under the payment order of this case (i.e., the principal amount of KRW 22,914,028 for delay damages of KRW 1,707,565) as of February 9, 2015 (i.e., the principal amount of which falls under wages, retirement allowances, and other claims arising from labor relations, and determined that the principal should be distributed preferentially to the defendant's claim for promissory notes. " January 9, 2018," deleted the dividend amount of KRW 135,313 from the distribution schedule of this case, and deleted the dividend amount of KRW 17,049,50 against the defendant, KRW