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(영문) 청주지방법원 2014.01.22 2013가합3405
배분이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 17, 2009, the Plaintiff entered into a mortgage contract with respect to B and 501 (C) (hereinafter “instant real estate”) owned by Chungcheongbuk-gun (hereinafter “instant real estate”) with a view to securing the Plaintiff’s principal and interest of loans. On November 19, 2009, the Plaintiff concluded a mortgage contract with a debtor and the maximum debt amount of KRW 780,000,000,000. On November 19, 2009, A completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring real estate”).

After that, the maximum debt amount of the establishment registration of the neighboring mortgage of this case was changed from KRW 780,000 to KRW 338,000,000.

B. From September 1, 2009, A was running a metal processing product manufacturing business, etc. (hereinafter “instant place of business”) with the trade name “D”, and the business was suspended on May 31, 201 due to business deterioration, and E, a worker of A, filed an application for recognition of the existence of bankruptcy, etc. with the Central Employment and Labor Agency (hereinafter “instant application for recognition of the existence of bankruptcy, etc.”) on August 12, 201, and the Central Employment and Labor Agency recognized the existence of bankruptcy, etc. of A on November 9, 201.

C. Under Article 7 of the Wage Claim Guarantee Act, the Defendant paid a substitute payment of KRW 122,837,560 in total or in part of the wages for the last three months and the retirement allowances for the last three years to the 20 workers in the name of the statement on the details of the payment of the substitute payment for another on behalf of a bankrupt Party A. D.

On the other hand, the public auction procedure (Korea Asset Management Corporation 2012-17091-01) began with respect to the real estate in this case due to the default of taxes on A's petition group. On August 7, 2013, the Korea Asset Management Corporation Cheongbuk branch prepared a distribution statement as follows.

5,249,7605,249,760 5,249,7602,837,560 2 Defendant (wages Bonds) 129,763, 579 122,837,560 3 Civil Appeal Office 7,480,680,680 778,089,819 17,532,720.

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