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1. Of the distribution schedule prepared on February 27, 2017 by the above court with respect to the Busan District Court B distribution procedure case, against the defendant.
Reasons
1. Facts of recognition;
A. Based on the notarial deed No. 352 of 2015, the Plaintiff received a seizure and collection order as to the service payment claim against the non-party company and the non-party company to Busan Metropolitan City and the third debtor amounting to KRW 90,367,040 on June 21, 2016, by a notary public against the non-party company C (hereinafter referred to as "non-party company") with the Busan Metropolitan City and the third debtor amounting to KRW 90,367,040.
The original copy of the above decision was served on Busan Metropolitan City on June 24, 2016, and was served on the non-party company on July 1, 2016.
B. On September 5, 2016, the Defendant, on August 3, 2016, filed an application with the Busan District Court for a seizure and collection order against the non-party company as Busan District Court 2016TTTT18027 against the non-party company on September 7, 2016, based on the notarial deeds for debt reimbursement contract (Quasi-Loan Loan) No. 399 (hereinafter “instant notarial deeds”) against the non-party company on September 5, 2016. The decision was made on September 7, 2016.
C. On January 3, 2017, Busan District Court deposited KRW 73,090,790 with the Busan District Court No. 13,2017, the distribution schedule was prepared to distribute the amount of KRW 12,83,334 to the Defendant, who was a collection authority (wages claim) and KRW 19,538,268 to the Plaintiff, the collection authority, as the second priority, in the case of distribution procedure B of Busan District Court, which was commenced on February 27, 2017.
The Plaintiff appeared on the date of distribution, and made a statement of objection against the whole amount distributed by the Defendant, and filed a lawsuit of demurrer against distribution on March 3, 2017, which was seven days thereafter.
E. Meanwhile, the defendant is the representative director D's son of the non-party company. On August 1, 2016, the non-party company prepared a detailed statement of overdue wages with the purport that the wages of 38.5 million won were delayed (=3.5 million won x 11 month) from September 1, 2015 to July 31, 2016 against the defendant (i.e., the notarial deed of this case).