2. The plaintiff's claim against the defendants is dismissed.

3.

A. The Plaintiff paid 39 employees, includingO, who belong to N Co., Ltd. (hereinafter “N”), the amount of unpaid wages for the last three months and the amount of retirement allowances for the last three months as substitute payments of KRW 457,866,820, which is part of the amount of unpaid wages for the last three months.

B. Since then, the compulsory auction of real estate was conducted on N-owned real estate as the first branch branch of the Chuncheon District Court, and 27 of the above workers (hereinafter “27 workers, etc.”) were partially paid a substitute payment, and the Defendants and the co-defendant B of the first instance trial, the co-defendant B of the first instance trial, the co-defendant (appointed parties), and the designated parties M (hereinafter “the Defendants of the first instance trial”) were the wage creditors who did not receive a substitute payment, and the Plaintiff participated in the dividend as the subrogated creditor under Article 8 of the Wage Claim Guarantee Act.

C. On April 1, 2013, a court of execution prepared the instant distribution schedule with the content that the Plaintiff was excluded from the distribution, as stated in the “amount received” column in the attached Table 1 of the first instance court, in the order of 27 persons, includingO, and the Defendants of the first instance court, including the amount to be actually distributed as of April 1, 2013.

Accordingly, the Plaintiff appeared on the aforementioned date of distribution and raised a lawsuit of demurrer against the distribution of this case against the Defendants in the first instance judgment, including the sum of KRW 17,088,314, as well as KRW 27,402,73, and filed a lawsuit of demurrer against the distribution of this case within seven days thereafter.

E. The court of the first instance determined to the effect that the claims of the Plaintiff and the Defendants of the first instance should be distributed to the Plaintiff on the part of KRW 25,850,816, which was part of the claims claimed by the Plaintiff, on the premise that the legal nature of the claims of the Plaintiff is

F. As to this, the Defendants appealed against KRW 17,088,314, which is the decrease in their dividend amount, and the remaining co-defendants of the first instance court did not appeal, and were confirmed as they were.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The Plaintiff’s assertion is with the Plaintiff’s substitute payment claim.