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1. The Plaintiff:
A. Defendant A’s KRW 9,645,354 and interest rate of KRW 15% per annum from March 11, 2017 to the date of complete payment.
Reasons
1. Facts of recognition;
A. (1) On April 17, 2014, the Plaintiff was transferred the right to collateral security from Han Bank Co., Ltd. (hereinafter “I Bank”) to the non-party (hereinafter “debtor”) on the part of the Plaintiff. As to the real estate owned by the obligor (hereinafter “instant real estate”) on February 28, 2006, the Suwon District Court opened the auction procedure for the sale of the real estate (hereinafter “instant auction”) with the Suwon District Court’s receipt of No. 13296 on February 28, 2006, with the maximum debt amount of KRW 7,80,000,000, transferred the right to collateral security from Han Bank to the Plaintiff and completed the supplementary registration before the transfer of the right to collateral security on April 17, 2014. The Plaintiff was a creditor who registered the right to collateral security with the Suwon District Court as the Plaintiff on April 17, 2014, and completed the auction procedure for voluntary sale of real estate (hereinafter “instant auction”).
(2) The employees of the debtor company were paid part of the last three-month wages and the last three-year retirement allowance (hereinafter “minimum wage claim, etc.”) from the Korea Workers’ Compensation and Welfare Service in accordance with Article 7 of the Wage Claim Guarantee Act, as the debtor’s employees were unable to pay wages properly, and the Korea Workers’ Compensation and Welfare Service paid a substitute payment to the debtor’s retired workers pursuant to the Wage Claim Guarantee Act, and received a substitute payment in the auction of this case by exercising the worker’s right to claim wages, etc., in the same order as the worker’s wage claims.
With respect to the remaining top priority wage claims, etc. which have not been paid as a substitute payment by the Korea Labor Welfare Corporation, an application for demand for distribution was submitted along with the claim statement.
(3) On August 19, 2016, the instant auction court issued a claim for the wages of workers, including the Defendants, on the date of distribution.