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1. Of the distribution schedule prepared by the said court on September 25, 2014 in the distribution procedure for the Goyang District Court’s High Court’s Goyang Branch H.
Reasons
1. Basic facts
A. On February 18, 2014, the Plaintiff: (a) obtained a provisional attachment order of KRW 120,000,000, out of the claims, such as the price for the goods held by the non-party company and the third obligor J Co., Ltd.; and (b) reached the third obligor around that time.
B. On April 10, 2014, J deposited the amount of KRW 120.00,000 for the above goods as the amount of gold 1362 with the Goyang Branch of the District Court.
C. Meanwhile, on April 10, 2014, the Defendants, including Defendant B, and eight others, including Defendant B, obtained from the non-party company a notarial deed of a debt payment contract, which was written out from the non-party company 56,025,259 won for unpaid wages and retirement allowances to the said Defendants, KRW 8,250,13 won for Defendant C, KRW 14,161,525 won for Defendant D; KRW 3,733,630 for Defendant E; KRW 3,733,630 for Defendant G; KRW 5,53,530 for Defendant G; and KRW 5,543,530 for Defendant G’s repayment until April 11, 2014. Based on the above notarial deed, the said notarial deed received a seizure and collection order for the claim for payment of deposited money.
D. On September 25, 2014, the lower court: (a) drafted a distribution schedule to the Defendants, who are wage creditors, to distribute KRW 16,681,390 for the last three months’ wages and retirement allowances; (b) Defendant C, to Defendant C; (c) KRW 8,250,133; (d) KRW 14,161,525 to Defendant C; and (e) KRW 14,183,595 to Defendant E; and (e) KRW 3,73,630 to Defendant F; and (e) KRW 5,543,530 to Defendant G; and (e) KRW 32,291,103 to the Plaintiff, who is the right holder of provisional seizure (hereinafter “instant distribution schedule”).
E. The Plaintiff raised an objection against the entire dividend amount to the Defendants, and Defendant B raised an objection against the Plaintiff’s dividend amount.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 6, the purport of the whole pleadings
2. The parties' assertion
A. As to the principal claim, the Plaintiff is the representative director in the case of Defendant B.