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(영문) 서울서부지방법원 2019.05.30 2018가단242850
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 19, 2017, the Plaintiff received a seizure and collection order as to the claim against E (hereinafter referred to as “E”) with the Seoul Western District Court 2017TTTB 2017T 56263, based on the wage claim against E (hereinafter referred to as “E”).

B. Pursuant to Article 248(2) of the Civil Execution Act on March 12, 2018, F Co., Ltd.: (a) the commencement of distribution procedures and the preparation of a distribution schedule; (b) the enforcement deposit of KRW 4,822,884 as Seoul Western District Court No. 1040 for the year 2018 Seoul Western District Court (hereinafter “prior deposit”).

In addition, on August 10, 2018, pursuant to Article 248(2) of the Civil Execution Act, KRW 698,049 is the Seoul Western District Court’s deposit for enforcement (hereinafter “after-sale deposit”) with the Seoul Western District Court No. 3359 in 2018.

(2) The Seoul Western District Court C’s distribution procedure was initiated with respect to the prior deposit.

On December 19, 2018, the distribution schedule was prepared to distribute KRW 4,497,589, which is the date of distribution, to the Plaintiff, who is the wage obligee (priority), KRW 3,368,02, and KRW 1,129,567 to the Defendant, who is the highest wage obligee (priority).

3) The distribution procedure was initiated in Seoul Western District Court DD regarding the subsequent deposit. On December 19, 2018, the date of distribution, KRW 361,109 actually distributed to the Plaintiff, a wage creditor, KRW 57,227, and KRW 28,248, KRW 7,533, and KRW 268,101, were to be distributed to the Plaintiff, a wage creditor (priority), who is the Defendant, a wage creditor, KRW 28,248, KRW 7,533, and KRW 268,101. On the other hand, the Plaintiff stated an objection against the amount distributed to the Defendant on each of the aforementioned distribution dates, and filed a lawsuit of demurrer against the distribution of the instant case on December 22, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 3 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The Defendant: (a) concealed and falsely demanded the distribution of the Plaintiff’s assertion that all of the wages paid from E was paid for May 2017, June 2017, and July 2017.

3. Determination feet, Gap evidence 2, 5, 6, and 9, respectively.

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