logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2018.10.30 2018가단50876
배당이의
Text

1. The distribution schedule prepared on February 7, 2018 by the said court with respect to the auction case of real estate G in Seosan-gu Daejeon District Court.

Reasons

1. Under the distribution schedule prepared by the said court on February 7, 2018 (hereinafter “instant distribution schedule”), the amount of dividends of the Plaintiff and the Defendants are as follows:

On the date of the above distribution, the Plaintiff’s agent raised an objection against the total amount of dividends to KRW 12 million, Defendant C, D, E, and F (hereinafter collectively referred to as “Defendant C, etc.”) out of the amount of dividends to the Defendant Labor Welfare Corporation, and filed a lawsuit of demurrer against distribution within one week thereafter.

Plaintiff

Defendant CWWC Defendant D D’s 41 11 111-2,639,593 15,000,000 5,909,22252,332,500,449,507 450,000 / [based on recognition] written evidence Nos. 1 and 2, and the purport of the entire pleadings as a whole.

2. The Plaintiff’s assertion, Defendant C, etc. had filed a report on rights and demand for distribution at an auction procedure, but did not submit a written confirmation of the business owner of overdue wages and a withholding receipt

Since then, the defendant Labor Welfare Corporation submitted the certificate of the business owner of overdue wages in the auction procedure, but did not submit the certificate of tax withholding for employment income.

Since Defendant C et al. is not a wage obligee meeting the requirements for receiving dividends, the amount of dividends to Defendant C et al. shall be deleted. The amount of dividends to Defendant C et al. shall also be reduced by KRW 12 million, which is the corresponding amount of dividends, by paying a substitute payment to Defendant C et al. and claiming legal subrogation. The amount of the deletion or reduction shall be distributed

Therefore, the distribution schedule of this case must be revised as stated in the purport of the claim.

3. In full view of the respective descriptions of evidence Nos. 1 through 8 and the purport of the entire pleadings, the judgment as to the claim against the defendant Labor Welfare Corporation is final and conclusive by the defendant C et al. as an employee of H Co., Ltd. in excess of three million won.

arrow