logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2020.09.16 2019가단131634
부당이득금
Text

Defendant B shall transfer to the Plaintiff the bonds entered in the attached list, and the jurisdiction of the Republic of Korea: Suwon District Court.

Reasons

1. Facts of recognition;

A. E Co., Ltd.: (a) based on the right to collateral security (hereinafter “instant right to collateral security”) with the maximum debt amount of KRW 1,430,00,000 against the F land and its ground buildings, G land and its ground buildings, which are joint collateral; (b) on January 11, 2016, upon which the Suwon District Court voluntarily rendered a decision to commence the auction on the said land and three real estate, including the said land and its ground buildings, and G land (hereinafter “instant first auction”); and (c) on December 2, 2016, voluntarily rendered a decision to commence the auction on the said G building with the same court I on December 2, 2016.

(hereinafter “instant second auction”). (b)

The auction court set the type of demand for distribution of the instant first auction on April 11, 2016, and Defendant B submitted a request for demand for distribution of KRW 8,300,000 to the auction court on April 27, 2016.

C. On March 14, 2017, the auction court set the type of demand for distribution of the instant second auction on March 14, 2017, and the first auction and the second auction were conducted by combining them. On June 21, 2018, the Korea Workers’ Compensation and Welfare Service submitted an application for demand for distribution of KRW 3,000,000 for substitute payment on the ground that it subrogated for the Defendant B with the payment of KRW 3,000,000.

On the other hand, C was sentenced to bankruptcy on May 14, 2018 (U.S. District Court 2017Hadan2994), and C’s bankruptcy trustee D(hereinafter “Defendant bankruptcy trustee”) of the Defendant bankruptcy debtor was appointed as the bankruptcy trustee.

E. After each of the above decisions on commencing the auction, the Plaintiff acquired the instant collateral security and its secured claim from E. On June 27, 2018, the Plaintiff distributed KRW 3,000,000 as substitute payment against Defendant B to the Defendant in the first priority order from the date of distribution on the date of distribution on June 27, 2018, and delivered it to the Defendant in bankruptcy. In the first priority order, Defendant B was paid KRW 5,132,258 based on the preferred wage claim, and was deposited as Suwon District Court No. 1487 on the ground that Defendant B was absent from the date of distribution, and Defendant B’s second priority order.

arrow