logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안양지원 2016.07.14 2015가단107395
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Based on the facts, on May 31, 2013, the Defendant submitted a claim statement stating that “The total amount of the substitute payment payment made by the Defendant is KRW 245,147,360,00 as the principal and total amount of the claim that a person having the right to demand distribution is legally subrogated and claimed as a result of the bankruptcy of a place of business where part of the highest repayment wage and retirement allowance that an employee may claim against a debtor under the Wage Claim Guarantee Act is in arrears.” The “written inquiry about the details of substitute payment by workplace” attached to the said claim statement is indicated as KRW 245,147,360.

On July 11, 2013, the completion period to demand a distribution, the Defendant submitted a revised statement of the claim amounting to KRW 245,147,360, and on July 12, 2013, the Defendant submitted a revised statement to the effect that “The amount entered in the receipt statement of claim on May 31, 2013 and the amount entered in the substituted payment statement by place of business is confirmed to be different from the amount stated in the substituted payment statement by place of business, and re-issued.”

On June 24, 2015, in the auction case, the distribution schedule was prepared to distribute KRW 245,147,360 to the defendant, who is the person having the right to demand a distribution, and did not distribute to the plaintiff, who is the right to demand a distribution.

hereinafter referred to as “instant distribution schedule”). On June 24, 2015, the Plaintiff filed an objection against KRW 122,250,944 out of the amount of dividends against the Defendant on the date of distribution of the auction case, and filed the instant lawsuit on July 1, 2015. [No dispute over recognition exists, Gap Nos. 1, 2, 4-6, and the purport of the entire pleadings, and 122,250,944 out of the amount distributed to the Defendant for the following reasons:

The selling real estate in the auction case is owned by B, and the defendant received dividends on the ground that B paid substitute payment to workers of C who are in-house directors, not on the ground that it paid substitute payment to workers of B.

The defendant shall demand a distribution by making the amount of claim KRW 98,452,120.

arrow