logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원밀양지원 2015.07.08 2014가단3247
배당이의
Text

1. With respect to the auction and duplication of A real estate in Changwon District Court A, the above court shall conduct the auction and duplication of the said case on August 21, 2014.

Reasons

1. Basic facts

A. The voluntary auction of real estate was conducted under the Changwon District Court A, B (Dupl) with respect to real estate owned by the agricultural company, and the C, D, E, and F, workers belonging to the agricultural company, which are workers of the said c, D, E, and F, with respect to the unpaid wages for the last three months and retirement allowances for the final three years, the fixed date for the demand for distribution was October 16, 2012, which is the final date for the demand for distribution.

B. Pursuant to Article 7 of the Wage Claim Guarantee Act, the Plaintiff paid 3,54,40 won, 11,640,010 won, 2,209,200 won, 2,200 won, and 1,933,320 won, 19,336,970 won, as substitute payment, to E, a worker at the same worker on August 22, 2013, among the unpaid wages for the last three months and the retirement allowances for the last three years. On September 5, 2013, the Plaintiff paid 1,93,320 won, 19,36,970 won, as the subrogated creditor under Article 8 of the Wage Claim Guarantee Act, as a right report and demand for distribution.

C. However, on August 21, 2014, the date of distribution of the instant auction procedure, the said court drafted a distribution schedule (hereinafter “instant distribution schedule”) that distributes D 1,790,074 won to C, KRW 509,718 won to E, KRW 2,286,666 won to E, and KRW 336,000 to the limited company specializing in the 38-backed securitization of the Defendant’s Republic of Korea to the third priority mortgagee, and KRW 336,000 to the limited company specializing in the 38-backed securitization of the instant auction procedure, and KRW 17,086,619 to the Defendant Republic of Korea.

Accordingly, the Plaintiff appeared on the aforementioned date of distribution, and raised the instant lawsuit on August 26, 2014, on which he/she stated an objection against KRW 2,250,351, which was distributed in the second order to the Defendant, and KRW 17,086,619, which was distributed in the third order to the Defendant Republic of Korea.

[Ground of recognition] Facts without dispute, Gap 1 to 5 evidence, each entry of Eul 1 to 3 evidence, the purport of the whole pleadings

2. The Wage Claim Guarantee Act shall be retired without receiving wages, retirement allowances, etc. due to the business owner's bankruptcy, etc.;

arrow