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(영문) 광주지방법원순천지원 2015.07.22 2014가단70980
배당이의 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts are not disputed between the Parties, or are recognized by taking account of the overall purport of the pleadings as a whole in each description of Gap evidence of No. 1, 2, 5, 6, 8, 9, Eul evidence of No. 1, 2, 5, and 6 (including family evidence numbered):

A. On September 19, 2008, the Industrial Bank of Korea (hereinafter “the Industrial Bank of Korea”) obtained, as security for loan claims against the non-party company from D Co., Ltd. (hereinafter “the non-party company”), the establishment registration of a mortgage over the building for the ground operation and Nadong factory (hereinafter “the real estate”) with a maximum debt amount of 400 million won as to the building owned by the non-party company.

B. The non-party bank filed an application for voluntary auction on the instant real estate as the non-party company did not repay its loan obligations, and accordingly, on May 30, 2013, the procedure of voluntary auction on the instant real estate was initiated with the Gwangju District Court Seocheon Branch C.

C. Since then, the Plaintiff succeeded to the status of a creditor applying for auction by acquiring a loan claim and collateral security against the non-party company from the non-party bank.

On the other hand, the non-party company discontinued its business on June 1, 2013. The 12 employees of the non-party company, including the defendant A and B, selected F as the designated party and made a demand for distribution of the total of KRW 142,275,309, which was not paid by the non-party company to the auction court on July 24, 2013.

E. Defendant Korea Workers’ Compensation and Welfare Service (hereinafter “Defendant Workers’ Compensation and Welfare Service”) received a claim for substitute payment from 12 employees, such as F, Defendant A, and B, who are employees of Nonparty Company, and paid a total of KRW 87,002,640 to them on August 1, 2013, and made a report on the right of substitute payment and a demand for distribution on August 2, 2013 to the auction court.

F. On February 19, 2014, the court of auction held that the amount of dividends against the Defendant A, who was the appointed party among the amount of KRW 49,08,842, out of the amount of 486,078,477, which was to be actually distributed, excluding the cost of enforcement on February 19, 2014, is the Defendant.

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