제3자이의
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Determination on the cause of the claim
A. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence No. 1-1, 2, and 2.
1) In the instant case, the Defendant filed a lawsuit against the non-party church for the claim for construction price against the original state branch of the Chuncheon District Court Decision 2012 Ghana14817, and filed a lawsuit for the said lawsuit on September 14, 2012, stating that “the non-party church shall pay KRW 9,500,000 to the Defendant up to December 30, 2012” (hereinafter “instant conciliation”).
(2) On March 6, 2013, the Defendant, based on the original copy of the instant protocol of mediation, proceeded with the seizure and compulsory execution procedure for the corporeal movables of the non-party church (hereinafter “first compulsory execution”).
3) After that, the Plaintiff transferred the remaining movables in the non-party church including the instant corporeal movables to the Plaintiff on September 23, 2013 under the condition that the payment of overdue wages is substituted by the non-party church (hereinafter “instant transfer security agreement”) or “the instant transfer security agreement”.
(4) The Defendant again filed an application for compulsory execution of corporeal movables with the original district court branching the Chuncheon District Court as the executive title, and on April 2, 2014, according to compulsory execution of the instant case, seized the instant corporeal movables.
B. The Plaintiff’s assertion that Nonparty church operated a car page from March 2012, on the condition of KRW 8,000,000 per month’s bonus of KRW 2,00,000 per month ( monthly salary of KRW 400 per month), the Plaintiff employed the Plaintiff as the head of the kitchen.
From March 2012 to September 24, 2013, the Plaintiff had worked for about 18 months, and was not paid KRW 40,000,000 for the remainder of the wages and bonuses excluding KRW 8,000,000 for four-month wages (=14 months + KRW 2,00,000 for monthly wages x KRW 1.5 years (18 months) x annual bonuses 8,00,000 for annual bonuses).
The plaintiff shall guarantee the payment of the above overdue wages with the non-party church and the corporeal movables of this case.