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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of Gap evidence 1 to 5, 9, Eul evidence 3-1 to 17, Eul evidence 4-1 and Eul evidence 4-2, and the whole arguments:
In 2013, the Young-gun deposited KRW 374,437,003 of the final flag price of the D New Construction Corporation (hereinafter “instant Corporation”) to C Co., Ltd. (hereinafter “C”) (hereinafter “instant Corporation”).
B. C’s claim for the construction price of this case was seized by multiple obligees, and its seizure amount considerably exceeded the above claim amount, so there was no money to return to C when the distribution procedure for the above deposit was in progress.
C. On March 15, 2013, E, F, and G, the subcontractor of the instant construction project, in collusion with the Defendant, prepared a letter of confirmation of delayed payment of wages and a statement of delayed payment of wages equivalent to KRW 477,060,000 on 69, including false wage creditors, and made use of such statement to prepare a notarial deed. Using this, upon receiving a seizure and collection order from the Gwangju District Court’s net Branch on April 3, 2013, the said Defendant applied for dividend payment to the said Defendant as the said 69 appointed party.
On September 10, 2013, the above subsidization was prepared in the first priority wage obligee order with respect to the amount of KRW 373,789,913 to be actually distributed in the H distribution procedure for the above deposit, and as a wage obligee, 239,480,000 won to the Defendant, who is the 61st priority wage obligee except eight persons who have withdrawn the application among the above 69 persons, and 2nd priority wage obligee, and 134,309,913 won to the Defendant, who is the designated party to the above 61 person, was a wage obligee.
E. In the lawsuit of demurrer against distribution, the above support deleted the dividend amount of KRW 134,309,913 against the second-class defendant in the lawsuit of demurrer against distribution against the said distribution schedule, which was filed by Seyang River, I, and Caehan on March 31, 2015, as well as KRW 2013da379, 2013Gahap3386, 2013dahap4310, 2013.