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1. A distribution schedule prepared on December 26, 2013 by the same court with respect to the distribution procedure case of Yangyang Branch District Court of the Republic of Korea District Court.
Reasons
1. Common recognition;
A. In the case of the distribution procedure H H branch of the Jung-gu District Court (hereinafter “instant distribution procedure”), on December 26, 2013, the said court distributed to Defendant B, a wage creditor of the amount of KRW 3,431,150, out of KRW 178,380,435, out of the amount deposited with the High Government Branch of the High Government Branch of the High Government Branch of the High Government Branch of the High Government Branch of the District Court in the year 2013, the amount of KRW 17,201,454, and KRW 28,808,292, among the amount deposited with the High Government Branch of the High Government Branch of the High Court of the High Court of the High Court of the High Court of the High Court of the High Court of the High Court of the High Court of the High Court of the High Court of the High Court of the High Court of Korea, KRW 5,701,400,000, KRW 13,280,018, the amount of credit claim, KRW 300848,
B. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection to the entire amount distributed to the Defendants, and filed a lawsuit of demurrer against the distribution on December 27, 2013.
[Grounds for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 and 2-1 and the purport of the whole pleadings (Defendant B shall be deemed as confession)
2. It is recognized that the Korea C&D (hereinafter “Korea C&D”) who is the debtor to determine the claim against Defendant B had not been in arrears with the wages of Defendant B (which is the basis for recognition). Therefore, the instant dividend schedule prepared on the premise that Defendant B, as the wage obligee, could receive the amount in arrears as a dividend amount, is unlawful.
As such, the amount of dividends against Defendant B shall be deleted to KRW 3,431,150, and the amount of dividends against the Plaintiff shall be distributed to the Plaintiff and the amount of dividends to KRW 34,936,892 shall be increased to KRW 38,368,042, and the instant dividend table shall be corrected.
3. Determination as to claims against Defendant C, D, E, F, and G
A. The Plaintiff asserted that there was no delay in payment of the wages of Defendant C and D.