beta
Text
1. The plaintiff's claims against the defendant (appointed party) and the defendant are all dismissed.
2. The costs of lawsuit are assessed against the Plaintiff.
Reasons
1. Basic facts
A. On June 28, 2010, the Plaintiff loaned KRW 290,000,000 to F Co., Ltd. (hereinafter “F”), and concluded a mortgage agreement with F as to the G building H (hereinafter “instant real estate”) in Seongdong-gu Seoul Metropolitan Government with F in order to secure the said loan claim, and completed the establishment registration of mortgage.
B. Defendant B, Appointers D, and E (hereinafter collectively referred to as “Defendant, etc.”) were employed by F and were employed by F. On February 6, 2015, Defendant B filed a petition for delayed payment of wages with the Sung-nam Branch of the Central Employment and Labor Agency, which, on February 6, 2015, the head of the Sung-nam Branch of the Central Employment and Labor Agency issued a confirmation note that the Defendant, etc. failed to receive wages and retirement allowances as follows:
From November 20 to December 31, 2014 on December 31, 2014: D 18,000,000,009,817,450 27,817,450 B, 450 B, 11,958,630 33,358,630 E from November 10, 2013 to December 31, 2014 to December 21, 2014;
C. Around August 2015, Defendant Korea Workers’ Compensation and Welfare Service (hereinafter “Defendant Workers’ Compensation and Welfare Service”) paid 139,387,470 won in total (10,013,100 won, Defendant B’s 10,491,230 won, and 6,400,000 won for substitute payment to Defendant B and 14 workers who were working in F but did not receive wage, etc.).
With respect to the instant real estate, the Seoul Eastern District Court C (hereinafter “instant auction procedure”) started upon the Plaintiff’s application. The wage creditors including the Defendant, etc. demanded the unpaid wage and the substitute payment amounting to KRW 139,387,470.
E. At the instant auction procedure, the auction court paid a substitute payment of KRW 139,387,470 to the Defendant Corporation in the first order among the actual dividends of KRW 371,957,255, excluding the cost of execution on December 9, 2016, and KRW 17,804,350 to the Selection among the wage creditors, KRW 6,800 to E, and KRW 22,867,40 to Defendant B.