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(영문) 인천지방법원부천지원 2015.02.06 2014가합7963
배당이의
Text

1. Of the distribution schedule prepared on October 14, 2014 by the above court with respect to the auction case of B real estate in this court

(a) the defendant;

Reasons

1. Facts of recognition;

A. The designated parties, including the Plaintiff (Appointeds) (hereinafter “Plaintiffs, etc.”) were employed by media tex Co., Ltd. (hereinafter “Nonindicted Company”) during the pertinent period, but did not receive wages or retirement allowances, and the non-party company has the wage or retirement allowance claims as stated in the above list.

B. The Korea Development Bank obtained from the non-party company the right to collateral security on each of the real estate listed in the separate sheet No. 2 list owned by the non-party company (hereinafter “each of the instant real estate”). On December 20, 2013, based on the right to collateral security, filed an application for the auction of real estate rent to this court B (hereinafter “the instant voluntary auction”) and received a decision to commence the voluntary auction from the above court on the 23th of the same month.

The defendant succeeded to the status of the above Korea Development Bank in the procedure of voluntary auction of this case.

C. On October 14, 2014, the instant voluntary auction court asserted that the Plaintiff et al. has the right to preferentially pay wages and retirement allowances; the Plaintiff et al. as the creditor; the non-party company as the debtor; the obligor; a copy of the payment order (Seoul High Court Decision 2013 tea 1505, Incheon High Court Decision 2013Da150505), and the subscriber list of the workplaces with four social insurance; however, on the date of distribution opened on October 14, 2014, the said court recognized only the claims of the employees of the non-party company, among the employees of the non-party company, who were submitted by the head of the competent Labor Agency, as the priority repayment claim; and accordingly, the Plaintiff et al. did not recognize the claims of the non-party company for which the confirmation personnel did not submit the money and other valuables in arrears as the priority repayment claim; accordingly, prepared the distribution schedule (hereinafter “instant distribution schedule”); and distributed the Defendant the amount of KRW 2,782,8584,999.

The creditor Qtek Seoul Guarantee Insurance Co., Ltd.

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