The Plaintiff, as a mortgagee of a medical corporation C (hereinafter referred to as “C”), filed an application for voluntary auction to exercise a security right to real estate owned by C under this court B.

In the case of the above voluntary auction, the defendant demanded that the auction court pay dividends of KRW 52,293,029,029, which is the sum of KRW 10,000,000 and retirement allowance of KRW 42,80,000, which he did not receive from C as his employee.

On August 3, 2015, the above auction court set up a distribution schedule with the content of distributing each of the costs of KRW 1,637,041,91 to the Defendant, who was the mortgagee, in the fourth order, and in the fourth order, to distribute all of the amount of demand for distribution to the Defendant, who was the mortgagee, in the fourth order.

(The total amount of demand for distribution was distributed to other creditors of the first priority and the second priority right holder, and the third priority right holder). The Plaintiff appeared on the date of the said distribution, and raised an objection against the Defendant’s distribution portion, and filed a lawsuit of demurrer against distribution on August 7, 2015.

From February 26, 2010 to February 26, 2013, the Defendant was enrolled in the corporate register of C directors.

[Reasons for Recognition] Facts without dispute, Gap's evidence 1 through 5, each statement (including provisional number; hereinafter the same shall apply), and judgment-related legal principles as to the cause of claim as to the whole argument, regardless of the form of contract, whether a person constitutes a worker subject to the Labor Standards Act's legal principles as to the cause of claim as a whole. Thus, regardless of the form of contract, whether a company's director or auditor provides labor to an employer for wage purposes should be determined depending on whether the person actually provides labor. Thus, even if an officer such as a director or auditor of the company is a formal purpose, his status or name is a formal purpose, and in fact, he is related

or delegated by the corporation.