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(영문) 서울남부지방법원 2018.06.05 2017가단27987
배당이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. In relation to the attachment and collection order of the claim to which the Seoul Southern District Court 2016TTTTT17072 provisionally seized, the Seoul Southern District Court deposited the debt amount of KRW 26,166,660 as the Seoul Southern District Court 2017, the Seoul Southern District Court 4258, and on July 24, 2017, the same distribution procedure was carried out to C by reporting the reason of deposit pursuant to Article 248(4) of the Civil Execution Act.

The Plaintiffs filed an application for demand for distribution on September 11, 2017.

B. On October 27, 2017, the distribution court prepared a distribution schedule that distributes all of KRW 26,137,339 to the defendant who is the seizure authority, who is the seizure authority, after deducting the execution cost from the amount obtained by adding interest to the above deposit money.

C. On the date of the above distribution, the Plaintiffs raised an objection against the aggregate of KRW 9.6 million among each of the Defendant’s dividends, and filed a lawsuit of demurrer against distribution on October 31, 2017, which was within one week thereafter.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 5, Eul evidence 7-2, the purport of the whole pleadings

2. The Plaintiffs’ assertion and determination Plaintiffs asserted that, even though they worked for New York Tourism from February 1, 2017 to April 30, 2017, they did not receive KRW 4,80,000,000 as wages for each three-month period, they should have preferential right to payment under Article 38(2) of the Labor Standards Act, so they should be paid dividends in preference to the Defendant.

Any creditor who has the right to preferential reimbursement and an executory exemplification under the Civil Act, the Civil Act, the Commercial Act, and other Acts, may demand a distribution to the court. If the garnishee deposits the amount of debt and makes a report on the reason for deposit under Article 248(4) of the Civil Execution Act, the time when the demand for distribution can be made shall be made until such report is made (Article 247(1) of the Civil Execution Act), and as seen earlier, the Plaintiffs shall only be made after the report on the reason for deposit is filed.

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