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1. The part on Defendant B among the judgment of the first instance, and the part on Defendant Labor Welfare Corporation against the Korea Labor Welfare Corporation.
Reasons
1. Facts of recognition;
A. On April 30, 2007, E Co., Ltd. (hereinafter “E”) completed the registration of creation of a collateral security (hereinafter “instant collateral security”) with respect to the real estate listed in the separate list owned by the debtor company (hereinafter “instant real estate”) on April 30, 2007, in order to secure the debtor company G (hereinafter “debtor company”).
B. On June 28, 2017, the Plaintiff was transferred before transfer under the Asset-Backed Securitization Act, and met the requirements for setting up against the Plaintiff under the said Act.
C. On December 27, 2016, E received a voluntary decision to commence the auction on the instant real estate from the Cheongju District Court H to Chungcheong District Court H, and the said auction procedure overlaps with the said court D compulsory auction procedure.
(hereinafter “instant auction procedure”). D.
On January 6, 2017, Defendant B filed an application for distribution of total of KRW 19,75,414, including retirement allowances of KRW 14,197,914, wage of KRW 5,57,500, and total of KRW 19,755,414 (= KRW 14,197,914, KRW 557,500). Of these, Defendant B received total of KRW 8,940,128, total amount of wage and retirement allowance claims of KRW 4,813,61, and KRW 4,126,467 as substitute payment from Defendant Labor Welfare Corporation on May 4, 2017.
E. On May 15, 2017, Defendant Korea Labor Welfare Corporation reported a right and demanded a distribution against the total amount of KRW 15,000,000 for substitute payments paid to the employees of the debtor company including Defendant B.
F. On the date of distribution on February 21, 2018, the distribution schedule was formulated, such as: (a) 8,940,128 won for claims, such as wages, etc. with the highest priority repayment right - KRW 3,00,000 for substitute payments; (b) 12,629,870 won for substitute payments; (c) 15,000,000 won for Defendant Workers’ Compensation and Welfare Corporation; and (d) 393,849,806 won for the Plaintiff (hereinafter “instant distribution schedule”); and (c) the Plaintiff’s dividend amount for the Defendants.