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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The decision of the court of first instance is in accordance with paragraph 1.
Reasons
1. Facts of recognition;
A. The plaintiff and the designated parties have been employed by the defendant who operates the H hospital in Gwangju City, and have been in charge of establishing the hospital. The period of service and overdue wages of the plaintiff and the designated parties are as follows:
On February 2013, 2013.3, 2013.4, 201: (i) 30.30; (ii) 30; (iii); (iii); (iv) 6.30; (iii); (iv) 6.30; (iv) 30; (v) 63; (iv) 6.30; (v); (v) 1, 2013; and (v) 1, 2013; (v) 30; (iv) 6.36; (v); (v) 6. 30; (v); (v) 1, 207; (v); (v) 630; (v) 6.36; (v); (v) 4635; 13; (v) 13; (v); (v) 2013; (v) 1, 2014; (v) 636.4, 2017;
B. On the other hand, on May 15, 2014, in the distribution procedure of the distribution procedure in the Suwon District Court Y, K, L and K-owned private housing, the said court drafted a distribution schedule (hereinafter “instant distribution schedule”) to distribute to the Plaintiff KRW 9,048,183, 787, 787, 5,666, 660 to the Appointed, and 5,66,660, and 3,516,746 to E in the order of priority to each wage creditor (priority).
C. Although the Korea Investment Savings Bank, a creditor of the Defendant, filed a lawsuit of demurrer against the said dividends with the same court 2014da209844, the instant dividend table against the Plaintiff, Appointed C, Appointed D, and Appointed E became final and conclusive on July 14, 2015 due to the said judgment’s dismissal of all the claims of the Korea Investment Savings Bank, Inc. in the said lawsuit on June 26, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings
D. Meanwhile, the Plaintiff and the designated parties have against the Defendant on January 2015.