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(영문) 대전고등법원 2015.05.14 2013나11537
배당이의
Text

1. The judgment of the court of first instance is modified as follows.

Daejeon District Court B, C (Dual) real estate auction case.

Reasons

(b) The amount of dividends against the Defendant, etc. should be removed and distributed to the Plaintiff to the extent that the deleted amount of dividends was distributed, given that the Defendant, etc. received both the final three-month wages and the final three-year retirement allowances even if they were wage creditors.

2) The summary of the Defendant (Appointed Party)’s assertion is that the Defendant (Appointed Party) and the appointed parties M, N, P, and AG (hereinafter referred to as “the designated parties”).

) As an employee of the instant automobile maintenance plant, he/she has not received the same benefits as indicated below [the table], he/she is required to receive each amount of money. [the table] Defendant (Appointed Party)’s 1.4 million won of wages in arrears, etc. in March 2010 and 4.2 million won of wages in March 1, 2010 and 3.2 million won of wages in January 3, 2010 and 3.68 million won of retirement benefits in March 3, 2000 of 2.7 million won of 2,700,000 and 3.6 million won of retirement benefits in March 3, 2010, 300, 1,501, 369, 369, 3601, 360, 361, 3600, 3008, 3001, 3001, 3000.361, 5001, 200031).

24,962,459

B. Determination 1) The burden of proof of the grounds for objection to a distribution in a lawsuit of demurrer against distribution also complies with the principle of distribution of the burden of proof in general civil procedure. In a case where the plaintiff asserts that the defendant's claim has not been constituted, the defendant is responsible for proving the facts of the cause of the claim to the defendant, and where the plaintiff asserts that the claim has become extinguished by payment, the disability or the claim has become invalid as a false declaration of agreement or has become extinguished by payment, the plaintiff is liable to prove the facts constituting the grounds for extinguishment (see, e.g., Supreme Court Decision 2005Da39617, Jul. 12, 2007).

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