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(영문) 대구지방법원포항지원 2015.06.02 2014가합845
배당이의
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. After receiving from the Korea Development Bank Co., Ltd. the claims for loans to A Co., Ltd. (hereinafter referred to as "A") and the right to collateral security established on the land and factory buildings in South-gu E at port, the Plaintiff voluntarily filed an application for auction on the above real estate, and accordingly, the auction procedure for the above real estate (hereinafter referred to as "the auction procedure") was commenced under the Daegu District Court Port Support C and D (Dupl).

B. On May 29, 2014, the auction court opened a date of distribution and prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that among the 5,383,982,107 won, the Defendant’s best wage priority claim (F) shall be KRW 141,060,691, the Defendant’s substitute payment of KRW 955,725,440,440, the Seoul Guarantee Insurance’s substitute payment of KRW 37,907,440, as the subrogated payment for foreign workers of Seoul Guarantee Insurance, the amount of KRW 62,30,300, and the remainder of KRW 4,186,988,236 shall be distributed to the Plaintiff (hereinafter “instant distribution schedule”).

C. Accordingly, on the aforementioned date of distribution, the Plaintiff stated an objection against the total amount of dividends to the Defendant, and filed a lawsuit of demurrer against distribution on June 5, 2014.

On the other hand, A entered into an authorization and permission guarantee insurance contract with the content that guarantees the unpaid wages and retirement allowances for the Seoul Guarantee Insurance Co., Ltd and foreign workers as listed below, and the Seoul Guarantee Insurance Co., Ltd. paid a total of KRW 37,907,440 to foreign workers on September 3, 2013 under the above authorization and permission guarantee insurance contract.

No. 2,00,00 H 2,00 H 2,00 on September 14, 201, G 14, G 201. 2,00,000 J 3K on October 20, 2011; 2,000,000 N 5O on August 19, 201; 00,000 N 5O on October 2, 201; 00,000 P 6 Q 2,000 on October 20, 200 on October 20, 201; 10,000,00 on June Q 2, 200 on October 20, 200; 1,000,00 R 7 S 2,00 on September 14, 201; 10, 200V on August 16, 2008;

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