logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원경주지원 2019.05.21 2018가단13489
배당이의
Text

1. On August 22, 2018, the same court with respect to voluntary auction cases of real estate B and C (combined) real estate.

Reasons

Basic Facts

D, on December 20, 2016, 31 persons, such as D, requested the distribution of dividends based on the preferential payment right of the debtor E (hereinafter referred to as "E") in the auction procedure of voluntary real estate auction (hereinafter referred to as "auction of this case") at this court B and C, and the debtor E (hereinafter referred to as "E").

Of 31 persons including D, the remaining 30 persons, excluding F, applied for a substitute payment for wages and retirement allowances not paid by E to the chief of the port of port of Daegu Regional Employment and Labor Office. On January 24, 2017, the chief of the port of port of port of Daegu Regional Employment and Labor Office sent a confirmation notice to the Plaintiff on January 26, 2017, the Plaintiff paid 223,83,800 won in total to the remaining workers, excluding F, for the last three months’ unpaid wages and unpaid retirement allowances for the last three years.

On January 31, 2017, the Plaintiff received a demand for distribution on behalf of 30 workers who paid the said substitute payment at the instant auction procedure. On August 22, 2018, this court: (a) recognized only wages and retirement allowances to the employees other than G, H, I, J, K, K, L, M, and N (hereinafter “each of the instant workers”); (b) distributed KRW 171,345,885 in the first priority order to the Plaintiff; and (c) drafted a distribution schedule that distributes KRW 1,038,289,786 in the third priority order to the Defendant, a mortgagee, who is a right to collateral security (hereinafter “instant distribution schedule”).

On August 22, 2018, the Plaintiff raised an objection against KRW 221,728,985, excluding KRW 2,104,815, which was reduced on February 27, 2017, on the date of distribution of the instant auction procedure (i.e., KRW 223,83,800 - KRW 2,104,815), and the amount of dividends against the Defendant (i.e., KRW 50,383,100 (= KRW 221,728,985 - KRW 171,345,345,885), which is the difference between KRW 171,345,885, which is the amount of dividends against the Defendant, and the Defendant stated that the said objection to distribution is groundless.

[Ground of recognition] The plaintiff's assertion of facts without dispute, Gap's evidence 1 through 6, 11, Eul's evidence 2 and 3, and the purport of the whole pleading is the plaintiff's assertion of the purport of the whole pleading.

arrow