1. On the defendant among the dividend table prepared by the above court with respect to the Suwon District Court B real estate auction case

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) was a company that engaged in the manufacturing business of construction industry machinery, etc., and the Plaintiff was employed by and working for C around September 2, 1994, and retired from office around March 25, 2013.

B. Since January 31, 2013, with respect to the land and buildings owned by C, the procedure for the auction of real estate was commenced as Suwon District Court B, and the Plaintiff made a demand for distribution against the retirement allowance of KRW 36,135,720.

C. Around December 13, 2013, the above court determined the amount to be actually distributed as KRW 7,573,571,361, and determined KRW 54,151,200 to D, who is the first priority wage obligee, as well as KRW 2,495,390 to E, and KRW 4,109,940 to F, and KRW 7,285,05,050 to G, respectively, and distributed KRW 26,375,060 to E, who is the second priority wage obligee, as well as KRW 7,479,154,721 to the Defendant, who is the third priority wage obligee (the mortgagee), and prepared a distribution schedule that excludes dividends from the dividends (hereinafter “instant distribution schedule”).

The Plaintiff appeared on the date of the above distribution, and raised an objection against KRW 13,911,30 of the Defendant’s dividend amount, and thereafter filed the instant lawsuit within seven days thereafter.

[Ground of recognition] Facts without dispute, Gap evidence 2 and 3, Gap evidence 4-1, Gap evidence 5 and 12, the purport of the whole pleadings

2. Determination:

A. Determination of whether a worker is a worker subject to the Labor Standards Act as to the Plaintiff’s employee should be made according to whether a worker provided labor in a subordinate relationship for the purpose of wages in substance, regardless of the form of a contract. In determining whether a subordinate relationship exists, whether the contents of work are determined by an employer and are subject to the rules of employment, service rules, and personnel regulations, and whether the employer is subject to specific and direct command and supervision in the course of performing the work.