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(영문) 울산지방법원 2019.02.19 2018가단63640
배당이의
Text

1. The distribution schedule prepared by the Ulsan District Court on July 24, 2018 in the Ulsan District Court L real estate auction case.

Reasons

1. Facts of recognition;

A. The Plaintiffs concluded each labor contract with Nonparty M Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) and provided each labor from the date of the said employment contract to June 2016.

The date of the plaintiffs' labor contract shall be as specified in the corresponding column of the attached Table.

B. Around January 27, 2015, the Defendant: (a) lent KRW 1.35 billion to N, who was the representative director of the non-party company; and (b) set up a collateral on the attached real estate indicated with the indication of real estate (hereinafter “instant real estate”) owned by the non-party company with the maximum debt amount of KRW 1.75 billion.5 billion.

C. From July 2, 2016, N began to delay the debt of the loan, the Defendant applied for a voluntary auction of the instant real estate to the instant court on or around October 2, 2016. At the auction procedure (this court L), the executing court, the date of distribution, the date of distribution, 310,000 won, P, 2,856,10,100 won, Q, and 2,287,680 won, and 49,063,00 won, and 3,07,063,00,000 won, and 3,05,560,060 won, which is 2,063,00,000 won, and 2,063,035,460 won, U.S., and 2,060,600 won, which is the date of distribution, to the Korea Labor Welfare Corporation (hereinafter referred to as the “Defendant 2,2636,7467,7, etc.).

The Plaintiffs raised an objection against KRW 64,446,602 out of the amount of dividends to the Defendant on the date of distribution of the instant distribution, and filed the instant lawsuit on July 25, 2018.

At the above auction procedure, the Plaintiffs did not submit a final and conclusive judgment of the court which determined that the claim for distribution is a preferential right to payment, or a written confirmation issued by the Ministry of Employment and Labor and Labor for overdue wages, etc.

[Grounds for recognition] Unsatisfy, A No. 1.

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