A. In the auction procedure set forth in Paragraph (1) of the Order on Real Estate owned by E Co., Ltd. (hereinafter “debtor”), this Court, on July 17, 2018, prepared a distribution schedule as follows: (a) to the Defendant who is a worker and demanded the distribution of claims, such as wages, against the debtor company, 40,002,00 won (10%), 79,673,610 won (10%), 4,012,250 won (10%), 1,084, 162, 941 won (1%, 3, 444.43%) to the Plaintiff, who is the holder of the right of delivery (hereinafter “instant distribution schedule”); and (b) to distribute each of the distribution schedule (hereinafter “instant distribution schedule”).

B. On July 17, 2018, the Plaintiff raised an objection to the whole amount of the Defendant’s dividends on the date of distribution, and filed the instant lawsuit on July 19, 2018.

[Ground of recognition] Facts without dispute, Gap 1, 8 evidence, Eul 1 evidence (including all of the numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Assertion and determination

A. The defendant's summary of the plaintiff's assertion is an auditor and a real transfer agent on the debtor's company's registry, and there is no right to preferential payment for the claim, such as wages, since an officer who performs duties delegated by the debtor company to deal with business affairs, is not an employee

Therefore, among the instant distribution schedule, the entire amount of dividends to the Defendant should be revoked and the same amount should be distributed to the mortgagee.

B. On September 1, 2012, the Defendant’s summary of the Defendant’s assertion provided labor under the direction and supervision of F of the representative director, who is the employer, until he/she retires from office on April 1, 2017, by entering the debtor company, in charge of accounting and general affairs as a “management director” position, and by promoting from January 1, 2016 to the general affairs in charge of overall management of the debtor company’s business department, general affairs department, and manufacturing division. The Defendant constitutes a worker under the Labor Standards Act, and the Defendant was registered as an auditor on the debtor company’s registry on February 16, 2016.

Even though it is a formal and scenic purpose.