1. A distribution schedule prepared on March 9, 2016 by the said court with respect to the auction case of the real estate B located in Suwon District Court.

1. Basic facts

A. With respect to D land and ground buildings, E land, F land, and plot of ground machinery, etc., which were owned by C Co., Ltd. (hereinafter “Nonindicted Company”), the auction procedure for real estate rent (hereinafter “instant auction procedure”) was in progress in this court B.

B. On March 9, 2016, on the date of distribution of the instant auction procedure, the instant court drafted a distribution schedule with the content of distributing KRW 804,747,503 out of the total amount of claim 1,785,650,873 out of the total amount of claim 1,785,650,873 out of the total amount of claim 1,784,50,503 out of the total amount of claim 1,785,747,503 in the order of priority to H as a creditor of the designated party having the right to demand a distribution, who is a person having the right to demand a distribution, as a substitute payment, to the Defendant Labor Welfare Corporation, who is a creditor of the right to demand a distribution.

C. On the date of distribution, the Plaintiff raised an objection against KRW 12,588,870, which was distributed to Defendant A out of the dividend amount as to the designated party H on the date of distribution, and KRW 3,000,000, which was paid to Defendant A out of the said dividend amount to Defendant Labor Welfare Corporation, and filed a lawsuit of demurrer against distribution on March 14, 2016, which was within one week.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 2 through 4, 12 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. The Plaintiff’s assertion 1) The Defendant A did not provide Nonparty A with labor under the direction and supervision of Nonparty A, and thus, it is not a worker entitled to claim wages or retirement allowances under the Labor Standards Act. Therefore, in relation to the instant auction procedure, the Defendant A’s assertion that the instant auction procedure was conducted on March 9, 2016, the amount of KRW 12,58,870 to Defendant A, 33,000,000, and the amount of KRW 804,747,5036,373, respectively, should be corrected to KRW 30,000,000, and the amount of dividends to the Defendant Labor Welfare Corporation.