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(영문) 전주지방법원군산지원 2015.04.28 2014가단10057
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On February 2013, the Industrial Bank of Korea (hereinafter “instant auction”) filed an application for the auction of the real estate (hereinafter “instant real estate”) as indicated in the separate sheet owned by D Limited Liability Company D (hereinafter “D”) and received a decision to commence the auction of the real estate (hereinafter “instant auction”) from this court B.

The Plaintiff selected E as the designated party, and the appointed party E as the claim for overdue wages against D and applied for provisional seizure of real estate (2013Kadan432) with respect to the instant real estate in this Court on March 8, 2013.

On April 18, 2013, E filed a report on the right as a person entitled to provisional seizure and an application for demand for distribution.

On September 4, 2014, the instant court distributed KRW 1,874,439,219 to the Defendant, the assignee of the claim of the Bank of Korea, Inc., the mortgagee of the right to collateral security (hereinafter “instant distribution schedule”) on the date of distribution of the instant auction, and the Plaintiff prepared a distribution schedule with the content excluded from the distribution of dividends (hereinafter “instant distribution schedule”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 5, the purport of the whole pleadings

2. The Plaintiff’s assertion is entitled to receive a dividend of KRW 6,240,00, which is the amount of provisional attachment among the above amount, as the Plaintiff is a wage creditor who has preferential payment right, and was not paid a total of KRW 8,960,00,00, while working as a worker in contact with D from December 11, 2012 to January 31, 2013.

Therefore, the Plaintiff, among the instant dividends distribution schedule, corrected the amount of KRW 1,874,439,219 against the Defendant as KRW 1,868,19,219, and claimed that the Plaintiff distribute KRW 6,240,000 to the Defendant.

3. The judgment of the Plaintiff is as seen earlier, and according to the evidence evidence No. 4, the Plaintiff received the decision of provisional seizure based on the claim against D’s overdue wages claim, and the Plaintiff’s wages amounting to KRW 8,960,000, totaling from the Gun Office of the Gwangju Regional Employment and Labor Office from December 11, 2012 to January 31, 2013, were unpaid.

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