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(영문) 서울중앙지방법원 2015.09.10 2014가단264444
배당이의
Text

1. The distribution schedule prepared by the Seoul Central District Court in the distribution procedure case No. 2014Kaman3455, Dec. 19, 2014.

Reasons

1. Basic facts

A. On August 14, 2014, the Plaintiff filed a lawsuit against D Co., Ltd. (hereinafter “D”) seeking payment of goods with the Seoul Central District Court Decision 2014Da96726, and sentenced D to the Plaintiff as of December 28, 2013 to June 10, 2014, that the Plaintiff shall pay to the Plaintiff 47,877,50 won with the annual interest of 6% from December 28, 2013 to June 10, 2014, and the annual interest of 20% from the next day to the day of full payment. The above judgment became final and conclusive around that time.

Since then, the plaintiff received a seizure and collection order from the debtor D and the third debtor E.

B. On May 27, 2014, the Defendants filed an order against D to pay wages, etc. with the Seoul Central District Court 2014 tea27858 and filed an order to pay D money with the Defendant A at the rate of KRW 58,284,693, and KRW 148,19,454, and KRW 20% per annum from June 28, 2014 to the date of full payment, and the above payment order was finalized around that time.

Since then, the defendants also received a collection order for the seizure and collection of the debtor D and the third debtor E.

C. In the Seoul Central District Court C dividend procedure, the Plaintiff submitted a claim statement of KRW 53,626,598 (the principal amount is KRW 47,877,500 among them), and on December 19, 2014, the date of distribution was made on December 19, 2014, the Plaintiff, a general creditor, was not paid dividends at all. Defendant A, as the highest wage obligee, was the highest wage obligee, KRW 45,00,00, and KRW 2,066,660 as the highest wage obligee, Defendant B as the highest wage obligee, and KRW 38,40,000,00 as the highest wage obligee, and KRW 17,081,168 as the preferred wage obligee, were distributed respectively.

(The obligees entitled to receive dividends in the above distribution procedure had only the original and the Defendant, and there was no other general obligees). Accordingly, the Plaintiff raised an objection against the entire amount of dividends of Defendant A, 47,066,660 won (2,06,660 won) (2,000 won) and KRW 810,840 out of Defendant B’s preferential wage claim amount of KRW 17,081,168.

[Ground of recognition] Unsatisfy, A 1.

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