A. The Plaintiff is serving as a driver from June 2, 2003 to July 29, 2018 at the Defendant, who is a transportation business entity of cross-city buses.

The unpaid wages and retirement allowances were 73,090,030 won.

B. On October 15, 2019, the Plaintiff received dividends of KRW 16,861,790 from the Jeonju District Court D distribution procedures, and received dividends of KRW 3,360,035 in the same procedure on October 29, 2019.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination of the parties' arguments

A. According to Article 37(2) of the Labor Standards Act, among claims arising from employment relations, wages for the last three months, retirement allowances for the last three years, and accident compensation claims shall be paid in preference to claims secured by pledges or mortgages on the whole property of the employer, taxes, public charges, and other claims. The above priority payment claims, such as wages, are recognized under the sacrifice of the secured creditors, etc. in the social policy consideration for the stabilization of workers' livelihood. According to Articles 334 and 360 of the Civil Act, in the case of the secured mortgage under the Civil Act where the method of public notice exists, the above provisions of the Labor Standards Act stipulate the interest and other claims included in the secured debt with the right to preferential payment, and it is reasonable to view that the principal and other claims are not recognized as the priority payment right for damages arising from wages, etc. in light of the above legal principles as follows: (i) in light of the fact that the secured mortgage claims are listed only in the principal and other claims with the right to preferential payment right; (ii) in light of the above legal principles as seen above, the Plaintiff’s wage and retirement allowance and accrued amount to 36.19.