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(영문) 수원지방법원성남지원 2017.05.16 2016가단212141
배당이의
Text

1. With respect to the Suwon District Court's Sungnam Branch L (M), N(N), and O(Dus) cases, the above court on May 12, 2016.

Reasons

1. Basic facts

A. In order to secure the P Co., Ltd. (hereinafter “P”), the Industrial Bank of Korea established, on April 16, 2010, the right to collateral security of KRW 2.4 million with respect to Q2, 105 on the maximum debt amount and KRW 10.4 million with respect to the same building on October 15, 2009, as well as the right to collateral security of KRW 1006, 1007, 1008, and 1009 with respect to the maximum debt amount.

B. On March 3, 2015, the Industrial Bank of Korea transferred the secured debt of the above secured mortgage to Korea Securities Finance Corporation, and the Korea Securities Finance Corporation transferred the above secured debt to the Plaintiff on March 26, 2015.

The Plaintiff shall meet the requirements for setting up against the transfer of claims by sending a notice of transfer of claims on March 27, 2015 and April 1, 2015 under the Asset-Backed Securitization Act, and publicly announcing the assignment of claims at least two newspapers on April 6, 2015.

C. Meanwhile, when P, the debtor P, delayed the performance of the foregoing collateral obligation, the Industrial Bank of Korea applied for a voluntary auction based on the above collateral security on October 2, 2014 and received a decision to commence the auction on October 7, 2014.

(N) On May 12, 2016, the distribution schedule was prepared, as described in the list of claims, against the Plaintiff, the preferred wage creditors, or the Defendants who acquired the right of subrogation in relation to the above claim on the date of distribution according to the above auction procedure [U (M), N (Dual), and O (Dual)]. The Plaintiff raised an objection against the Defendants on the said date of distribution as to the same amount as indicated in the statement of claims. [Grounds for Recognition] The Plaintiff did not dispute with the Defendants on the said date of distribution, evidence Nos. 1 through 21, evidence Nos. 1 through 6, evidence Nos. 1 through 6, and evidence Nos. 1 through 3 (including a serial number), as a whole, the purport of the entire pleadings.

2. Determination

(a) Defendant;

1. As to A, the Plaintiff asserted that Defendant A received both wages of KRW 8,328,868, which was demanded by Defendant A to demand the distribution, and Defendant A did not dispute over the said amount.

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