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(영문) 전주지방법원군산지원 2019.10.11 2018가단56747
배당이의
Text

1. The plaintiff's conjunctive claim against the defendants is dismissed in entirety.

2. The Jeonju District Court D. Military Accounting Branch D.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) F Co., Ltd. (hereinafter “F”) against Nonparty E

) Nonparty E Co., Ltd. (hereinafter referred to as “Nonindicted Company”)

(1) Each loan of KRW 2,50,000,000 on August 21, 2015, and KRW 300,000,00 on September 22, 2015, and each loan of KRW 300,000 on September 22, 2015, which is owned by the non-party company, in order to secure each of the above loans, three Dong-dong (hereinafter referred to as “instant real estate”).

2) The mortgage of this case (hereinafter “mortgage of this case”) was completed regarding the registration of the establishment of a neighboring mortgage.

(2) On June 29, 2017, the Plaintiff acquired the entire collateral security claims from F under the Asset-Backed Securitization Act, and completed the notification and announcement of the transfer of claims in accordance with the procedure.

3) As of September 28, 2018, the principal and interest of the instant collateral security claim is KRW 3,293,05,126. (b) Defendant B, who was employed by Nonparty Company and Defendant B and Defendant C from July 1, 2015, was in charge of the management work, and Defendant C was employed by Nonparty Company from December 1, 2015 to take charge of the production work.

2) On September 1, 2016, Defendant B and Nonparty Company: (a) the monthly wage of KRW 5,000,000 (the monthly wage of the annual salary base, including retirement allowances, is KRW 5,416,667); and (b) on July 1, 2016, the monthly wage of KRW 1,696,00 (the monthly payment of the annual salary base, including retirement allowances, is KRW 1,837,33,00) was written, respectively (hereinafter “each of the instant employment contracts”); and (c) the instant employment contracts based on each of the instant employment contracts are “each of the instant employment contracts”.

(C) On February 6, 2017, Defendant B and C filed a petition for the delayed payment of wages of the non-party company to the Gwangju Regional Employment and Labor Office.

The head of the Si/Gun/Gu of Gwangju Regional Employment and Labor Office worked for Defendant B from July 1, 2015 to December 31, 2016, and Defendant C from December 1, 2015 to December 31, 2016, respectively, and the wages of the said Defendants are as follows.

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