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(영문) 수원지방법원 성남지원 2018.07.10 2018가단202131
배당이의
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The designated parties, including the Plaintiff (Appointeds), were the workers of J Co., Ltd.

B. On December 2016, J Co., Ltd.: (a) Plaintiff (Appointed Party) was 30,788,410 won (the highest preferential repayment payment amounting to KRW 7,336,953); (b) Appointed was 9,566,390 won (the highest preferential repayment amounting to KRW 2,946,141); (c) Selection was 13,832,230 won (the highest preferential repayment amount to KRW 3,697,824); (d) Selection was 39,270,530 won (the highest preferential repayment amount to KRW 6,251,085); and (e) G was 26,121,970 won (the highest preferential repayment to KRW 4,548,912).

C. On January 11, 2018, the auction court: (a) distributes to the Plaintiff (Appointed Party) and the appointed parties each the amount corresponding to the highest repayment amount with the right of provisional seizure (priority wage claim); and (b) prepares a distribution schedule (hereinafter “instant distribution schedule”) that distributes to the Defendant the amount of KRW 205,50,000 for the amount of KRW 4, the right of collateral security, the right of collateral security, the amount of credit, and the amount of credit amount of KRW 240,519,000 to the Defendant.

The Plaintiff (Appointed Party) appeared on the date of the above distribution and raised an objection against KRW 70,018,275 of the Defendant’s dividends on behalf of the designated parties, and thereafter filed the instant lawsuit on January 17, 2018, within one week.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. The Plaintiff (Appointed Party) promised not only to pay the overdue wages jointly with the company as the oligopolistic shareholder and representative of the JJ company, but also to pay them to the Plaintiff (Appointed Party) and the Appointed.

In addition, the Defendant’s claim amount against K is merely KRW 135,125,00,00 with the principal amount of KRW 115,00,000 and interest rate of KRW 5% per annum, which is calculated during 3.5 years, and is merely KRW 135,125,00 with interest rate of KRW 20,125,00.

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