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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. B employed a person, D, E, F, etc. who is engaged in book-keeping business under the trade name of “C”.
Dividend Dividend Claim 1D 4,50,000 won 12,90,000 won 12,90,000 won 1 F above the 12,400,000 won 16,414,990 won 2,290 won by transferee of the Plaintiff’s right to collateral security (wages, etc.) 4 Plaintiff’s right to substitute payment (wages, etc.)
B. A real estate auction procedure A with respect to the pertinent factory, etc., which had been operated by B, was carried out due to the business failure of the above book industry, and the execution court, on July 13, 2016, prepared a distribution schedule containing the following contents as to the amount of KRW 2,503,708,969 to be actually distributed:
(hereinafter “instant distribution schedule”). The annual name retirement allowances of KRW 1 D 4,50,000 per annum 1,551,81,810 won in total 6,810 won in total 2 E 8,400,000 won in total 16,800,800,000 won in total 3 F 5,400,000 won in total 18,800,000 won in each item of KRW 15,351,810 won in total,651,81,810 won in total.
C. Meanwhile, among the 146,414,990 won that the Defendant received as dividends, each substitute payment for D, E, and F is included as follows.
The Plaintiff appeared on the date of distribution, and raised an objection against KRW 33,651,810 (which seems to include the amount of retirement allowances related to D, E, and F) out of the Defendant’s amount of distribution, and filed a lawsuit of demurrer against the distribution of KRW 18,30,00 among substitute payments for D, E, and F (within seven days from the date of filing an objection).
【Ground for Recognition: Facts without dispute, entries in Gap evidence 2, 3, and 4, the purport of the whole pleadings
2. Although the wage corresponding to the last three months which is recognized as the top priority repayment right for D, E, and F in the instant distribution schedule as the gist of the Plaintiff’s assertion was paid in the first order, it is unreasonable that the Defendant’s receiving the same amount as a substitute payment is allowing the second priority repayment right.
Therefore, the defendant's wage amount of KRW 18,300,000 is the total of the wages amounting to the last three months for D, E, and F.