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(영문) 창원지방법원 2018.09.20 2018가단104231
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. Facts of recognition;

A. The Defendant filed an application for the auction of real estate B with the Changwon District Court (hereinafter “instant auction”) as a mortgagee of the right to collateral security on the real estate owned by the Co., Ltd.

B. In the instant auction procedure, the Plaintiff (Appointed) filed an application for a demand for distribution with respect to the claim amounting to KRW 46,684,730, the sum of KRW 22,192,504, and KRW 24,341,118, and retirement allowance amounting to KRW 26,533,622 for the last three years, and KRW 22,264,574, and retirement allowance amounting to the last three months, plus KRW 24,420,156, total amounting to KRW 24,684,730 for the last three years.

C. On March 14, 2018, the Changwon District Court: (a) apportioned KRW 6,780,402,069 out of the Defendant’s maximum debt amount 10,908,282,800 of the Defendant’s maximum debt amount; and (b) drafted a distribution schedule with the content that excluded the Plaintiff (Appointed) and the Appointed from dividends.

(hereinafter “instant distribution schedule”). D.

The plaintiff (Appointed Party) and the appointed party D, on the date of the above distribution, stated an objection against the part corresponding to the amount corresponding to the demand for distribution by the plaintiff (Appointed Party) and the appointed party D among the amount distributed to the defendant on the said date of distribution, and filed the lawsuit of this case on March 20, 2018.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, 3-1, 2, and 3, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff (appointed party) and the selector D are workers of the dispute resolution committee, and they have the right to make the highest repayment of wages of the last three months and retirement allowances for the last three years.

B. The defendant's argument (appointed party) and the appointed party D are the vice president of the dispute resolution committee, and they are not workers, and they are not the final three-month wages and retirement allowances for the final three-year retirement period.

3. We examine whether the plaintiff (appointed party) and the appointed party D are workers of the Dispute Resolution Co., Ltd.

A. Whether a worker is subject to the Labor Standards Act 1 is a contract.

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