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(영문) 대전지방법원 서산지원 2018.12.06 2017가합50180
배당이의
Text

1. Of the distribution schedule prepared on February 22, 2017 with respect to this Court C and D (combined) auction cases of real estate, this Court.

Reasons

1. Basic facts

A. On May 20, 201, F Co., Ltd., a creditor of A (hereinafter “A”) filed an application for voluntary auction on each real estate set forth in [Attachment C] Nos. 1 and 2 owned by A in this Court.

B. On May 15, 2013, A was declared bankrupt by the Seoul Central District Court 2013Hahap60, and the Defendant was appointed as a trustee in bankruptcy on the same day.

C. On December 24, 2015, the Plaintiff acquired a right to collateral security on a loan claim against A and each real estate listed in the separate sheet from the Bank of Korea, and applied for a voluntary auction on each real estate listed in the separate sheet D owned by D (hereinafter “each of the instant real estate”).

The instant real estate was sold at KRW 5,910,00,000,000 to Korea rubber Co., Ltd. on December 7, 2016 through this Court C and D (hereinafter “instant auction procedure”). From among KRW 5,849,161,506, the amount to be actually distributed on the date of open distribution on February 22, 2017, the instant real estate was distributed KRW 696,04,330,00,00 in total for the last three months’ wages and retirement allowances for the last three years, and KRW 129,00,000,000,000 to the Defendant, a bankruptcy trustee, who is a trustee in bankruptcy, in the first order (the amount of wages and retirement allowances for each employee shall be as stated in the “distribution schedule” in the attached Table in calculating the amount of dividends), ② The amount of wages and retirement allowances for the last three months and the last three years’ wages for which the Korea Workers’ Compensation and Welfare Service paid to employees on behalf of A, the Defendant 31301,351,315.

E. On the above date of distribution, the Plaintiff received only KRW 3,913,352,786 out of the total amount of claims against A 12,170,751,272 on the said date of distribution, and the Plaintiff was paid the said amount.

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