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(영문) 서울중앙지방법원 2017.05.30 2016가단5174359
부당이득금
Text

1. Defendant Korea: (a) 339,740 won to Plaintiff (Appointed Party) A; (b) 335,088 won to Appointed B; and (c) Appointed C. 274.

Reasons

1. Facts of recognition;

A. On October 26, 2006, New Bank Co., Ltd. established a collateral security on the basis of a compliance information system with respect to the counter-party to Sungnam-gu, Sungnam-gu, 133-1, the 133-1, the Maximum debt amount, 299,000,000,000 won, and the debtor.

After that, on July 7, 2014, the new bank applied for a voluntary auction and received a decision to commence the rehabilitation procedure as H on July 7, 2014. On October 23, 2014, on the right to collateral security, the additional registration of the transfer of collateral security was completed on August 28, 2014 with Esvia Savings Bank as Esvia Savings Bank.

B. The Plaintiff (Appointed Party) and I, Selection B, C, and G (hereinafter “instant workers”) worked in the written compliance information system, and were retired from the auction procedure, and made a demand for distribution to the auction court on January 26, 2015, which was based on the wage and retirement allowance claim, during the auction procedure.

On July 9, 2015, the auction court opened a date of distribution to exclude the instant workers, and made a distribution as shown below.

The creditor's creditor's creditor's right to collateral security shall pay the dividend amount of KRW 15,60,000 to the creditor's right to collateral security, the debtor's right to collateral security shall be 34,674,696,831,50 won to the creditor's right to collateral security, 36,216,572 won 80,918 won 97,912 won 100% 100% 100% 100% 100% 100% 100% 89.11% 89.08% 4.08% 4.08% of the dividend amount of KRW 36,216,572 won to the creditor's creditor's right to collateral security and right to collateral security.

C. The instant workers appeared on the date of distribution, and raised an objection against the total amount of dividends of the SBA Savings Bank, Seoul Western Tax Office, Defendant Korea Technology Finance Corporation, and Defendant National Health Insurance Corporation.

In addition, in the case of objection against the distribution filed by the instant workers against the SBA Savings Bank, Suwon District Court Branch 2015Kadan20864 decided January 2, 201.

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