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(영문) 인천지방법원 2015.05.13 2014가합12566
부당이득금반환
Text

1. The Defendant shall pay 107,153,950 won to the Plaintiff and 20% per annum from November 19, 2014 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Masan Industries Co., Ltd. (hereinafter “Masan Industries”) was declared bankrupt on July 23, 2013 by the Incheon District Court 2013Hahap19, and the Plaintiff was appointed as the trustee in bankruptcy of Sosan Industries.

B. With respect to the real estate listed in the separate list owned by the M&T company (hereinafter “instant real estate”), the Industrial Bank of Korea was established as the mortgagee. On September 11, 2013, the voluntary auction procedure for the instant real estate, as Incheon District Court B, was initiated on September 201, 201, by the application of the limited company specialized in the 25th Asset-backed Securitization (hereinafter “instant auction”) that acquired the said collateral from the Industrial Bank of Korea.

C. In the instant auction procedure, on October 2, 2013, the Defendant, on the ground that the Defendant paid the said workers a total of KRW 107,153,950 for the last three months’ wages and the retirement allowances for three years, on the ground that he paid the said workers a total of KRW 107,153,950.

When the instant real estate was sold at KRW 33,951,00, in the auction procedure of this case, the court of execution prepared a distribution schedule with the content that: (a) KRW 107,153,950 (hereinafter “instant dividends”); (b) KRW 637,380 in the order of priority to the Defendant as to KRW 329,639,609, which was to be actually distributed on the date of distribution implemented on July 4, 2014; (c) KRW 637,380 in the order of priority to the Jung-gu Incheon Metropolitan City; and (d) KRW 221,848,279 in the order of priority to the limited company specialized in the 25th asset-backed securitization; and (c) the said distribution schedule became final and conclusive and conclusive and was distributed pursuant

E. On the other hand, as of August 14, 2014, assets belonging to the bankrupt estate in Swegsan are KRW 14,662,374, and KRW 637,380, and KRW 48,00,000 (based on the acquisition price presented without considering depreciation), which are the sum of KRW 63,29,754, while the estate claims in Swegsan are the sum of KRW 545,781, which are distributed to Jung-gu Incheon Metropolitan City in the auction procedure in this case.

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