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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. In the instant auction procedure commenced upon the application of the mortgagee of the right to collateral security by the non-party company E (hereinafter “non-party company”), the Plaintiffs, as the wage obligee of the non-party company on April 9, 2018, demanded the distribution of KRW 24,175,180, and KRW 15,000,000,000 for the top priority repayment.
B. On July 31, 2019, the said auction court opened a date of distribution and set forth KRW 1,119,931,784, which is to be actually distributed, as KRW 7,504,325, among which the amount to be actually distributed is KRW 11,846,241, which is to be distributed to the wage obligee F, and 11,846,241, which is to the wage obligee G, 197,049, which is to the wage obligee G, and 8,700,000 won to the wage obligee H, 34,140,000 won to the wage obligee G, and 344,140,000 won to the Youngcheon-si (relevant tax), in the second order to the wage obligee, the remaining amount of KRW 1,086,340,029, which is to be distributed to the Defendant, a successor to the applicant obligee (re-mortgage).
C. The Plaintiffs appeared on the aforementioned date of distribution, and raised an objection against the Defendant’s dividend amount of KRW 24,175,180, and Plaintiff B raised an objection against KRW 15,000,000, respectively, and filed the instant lawsuit on August 7, 2019, which was within seven days thereafter.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, and 6, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiffs’ assertion that Plaintiff A had been asserted on March 1, 2016, and Plaintiff B had been employed as an employee by entering each non-party company on June 1, 2017, and retired on November 30, 2017, but did not receive wages, retirement allowances, etc. from the non-party company.
Accordingly, Plaintiff A has the right to receive dividends in preference to the Defendant in relation to the total of KRW 24,175,180,000 equivalent to the wages of KRW 9,175,181 and the wages of KRW 15,000 for the last three months, and KRW 15,00,000 corresponding to the wages of KRW 15,00 for the last three months.
Therefore, 1,086,340,029 won, 1,047,164,849 won, and 24,175.