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(영문) 서울중앙지방법원 2020.11.04 2019가단17261
배당이의의 소
Text

1. Of the distribution schedule prepared by the same court on April 12, 2019 in the FDistribution Procedure of the Seoul Central District Court, against the Defendant.

Reasons

1. Facts of recognition;

A. Relevant Plaintiffs and designated parties are workers who worked in G Co., Ltd. (hereinafter “Nonindicted Company”), but did not receive wages and retirement allowances from the Nonparty Company.

The defendant joined the non-party company on November 15, 2010 and resigned on February 15, 2013, and entered the H on May 1, 2013.

(b)shall:

The Defendant filed a lawsuit against the non-party company, such as the Seoul Western District Court 2012Kadan42676 (hereinafter “the lawsuit”), wages, etc. in the same court as the Seoul Western District Court 2013Kadan8577.

(hereinafter “Lawsuit”). The cause of a lawsuit was to seek payment of “the total amount of wages in arrears of March, April, June, August, August, August through December, 2012, and KRW 44,66,777,” and the cause of a lawsuit was to seek payment of “the total amount of wages in arrears of February from July, 2012 to February, 2013” and “the total amount of wages in arrears of KRW 24,121,710,780,050” and “the total amount of wages in arrears of KRW 30,901,760”.

The defendant won the lawsuit as deemed to be a confession (the closing date of pleadings on January 22, 2013), and the lawsuit as a non-litigation (the day on June 27, 2013), respectively, and each of the above judgments became final and conclusive around that time.

(Standard for principal, the total amount of winning a lawsuit is KRW 75,568,460). The confirmation center for the overdue money and valuables against the Defendant stated the total amount of unpaid wages and retirement allowances in KRW 60,656,870.

The Defendant reported only KRW 60,565,870 as stated in the Seoul Western District Court’s I distribution procedure, while the sum of the winning amount of the lawsuit was KRW 75,568,460, which was the 14,911,590, which was the person who filed the lawsuit and filed the claim for the confirmation of the amount in arrears.

(C) The above 60,565,870 won is considered as the claim amount in applying for the seizure and collection order of each claim, including Seoul Western District Court 2013TTTTT12382, 2013TTTT12382.

The defendant related to the distribution of other execution procedures shall be 13 times in total, from April 10, 2014 to June 121, 2016, based on the final and conclusive judgment of the lawsuit and a collection order based thereon.

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