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(영문) 서울남부지방법원 2016.01.14 2015가단14918
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. On February 11, 2010, the Plaintiff and the Selected C filed a lawsuit for wage claim against the Suwon District Court (hereinafter “Cheongwon District Court”) under the Suwon District Court Branch 2009Kadan18937, and on February 11, 2010, the said court rendered a judgment that the court rendered a judgment that the Plaintiff shall pay to the Plaintiff the amount of KRW 16,229,970, the amount of KRW 25,233,160, and the amount of KRW 20% per annum from July 16, 2009 to the date of full payment. The said judgment became final and conclusive.

B. The Plaintiff and the appointed party seized the share of the association members based on the investment certificate held by the Seoul Southern District Court 201TTT26845, based on the original copy of the said judgment (hereinafter “the share of the association members of this case”).

At this time, the claimed amount was KRW 23,618,415 (i.e., KRW 11,430,759, Nov. 201 to Nov. 20, 201) based on the annual 20% interest rate of KRW 16,229,970 from July 16, 2009 to November 20, 201, KRW 36,700,09 (i.e., wages and retirement pay of KRW 25,23,160) (i.e., KRW 25,23,160 from July 16, 2009 to November 20, 201).

C. On August 27, 2009, the Defendant seized the shares of the instant association members to preserve national tax claims in arrears.

8. 28. The notification was made to the Korea Facilities Construction Financial Cooperative, and the specific amount of seizure is KRW 25,397,580 as follows:

Value-added tax of KRW 17,754,220, value-added tax of KRW 17,754,220 on December 31, 2008 (Notice of Estimated July 2008) including the additional tax of KRW 5,887,440 on March 31, 2009 (Notice of Estimated Notice of July 2008), which is the amount of delinquent local taxes, for the amount of delinquent local taxes, KRW 1,75,920, KRW 25,397,580 on March 31, 2009 (Notice of Scheduled Notice of July 208).

D. The Plaintiff and the designated parties filed an application for the sale order for the shares of the instant association members with Seoul Southern District Court 2014TTT22804, and the Defendant filed an application for the sale order with the Seoul Southern District Court B in the distribution procedure as to the said shares, the Seoul Southern District Court B, on March 12, 2015.

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