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

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. In cases where an employer is entrusted by the Minister of Employment and Labor pursuant to the Wage Claim Guarantee Act (wholly amended by Act No. 8863, Feb. 29, 2008) and an employer falls under the grounds prescribed by Presidential Decree, such as bankruptcy, etc., the Plaintiff is a legal person subrogated to the right to claim the unpaid wages, etc. against the retired employee on behalf of the employer, notwithstanding Article 469 of the Civil Act, in cases where the said employee claims the payment of the unpaid wages, etc., the amount of wages for the last three months under Article 38(2) of the Labor Standards Act, and retirement allowances and business suspension allowances for the last three years under Article 12(2) of the Guarantee of Workers' Retirement Benefits Act (wholly amended by Act No. 8863, Dec. 27, 2007).

B. Nonparty F, G, and H were employed as an employee of the Company I (hereinafter “I”). However, around September 7, 2017, they received a written confirmation of payment stating that they could not receive wages and retirement allowances in arrears after retirement, and that said, the Company J (hereinafter “J”) and Nonparty K, who was an actual operator, promised to pay for the said three employees the wages of KRW 16,400,000 of I company’s wages in arrears.

C. Each decision to commence auction was rendered on August 24, 2018, and November 26, 2018 on November 30, 2018, with respect to 11 real estate, including 20759 square meters, owned by the debtor and owner of J company, Cheongbuk-do L, Cheongbuk-do.

The Plaintiff demanded the distribution of KRW 7,347,70 on January 9, 2019 in the Daegu District Court C's voluntary auction of real estate C, D (combined) compulsory auction of real estate, and E (Consolidated) compulsory auction of real estate (hereinafter "instant auction case"), which is a real estate auction case, and additionally demanded KRW 11,347,700 on October 11, 2019.

On December 24, 2018, the Plaintiff paid 7,347,700 won to F and G for workers in arrears.