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1. The plaintiff A and the plaintiff (appointed party)'s claims are all dismissed.
2. The costs of lawsuit are assessed against the plaintiff A and .
Reasons
1. Basic facts
A. On August 25, 2015, the Defendant entered into a contract for the construction of the E apartment civil engineering works with Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”). The Nonparty Company was unable to continue to perform the construction works due to the circumstances of the Nonparty Company, and was forced to complete the construction works on July 31, 2017. As of the foregoing July 31, 2017, the amount of calculating the other amount was set at KRW 2,985,00,000 (the amount calculated only for the portion that completed the construction works at the time of the other termination).
(hereinafter “instant construction agreement”). (b)
Plaintiff
A, Plaintiff (Appointed Party) and appointed parties were employees of the non-party company, but did not receive wages from the non-party company. Accordingly, Plaintiff A and Plaintiff (Appointed Party) (hereinafter referred to as “Plaintiffs”) filed an application for a payment order with the non-party company for the payment of unpaid wages (Cheongju District Court Decision 2018Guj282, 583). Plaintiff A from the above court on April 11, 2018 (hereinafter referred to as “Non-party Company”) paid the amount calculated at the rate of 20% per annum from April 17, 2018 to the day of full payment, and from April 17, 2018 to the day of full payment, Plaintiff A paid the amount calculated at the rate of 16,231,82 won per annum to Plaintiff (Appointed Party) and the payment order from February 20, 2018 to the day of full payment.
C. The Plaintiffs received a decision on provisional seizure of claim against the non-party company’s claim for the above wage claim against the non-party company, and the non-party company received a decision on provisional seizure of claim against the Defendant. As the Defendant’s execution deposit, the distribution procedure was commenced with Chungcheong District Court Cheongju Branch F. On July 11, 2018, the Plaintiff (Appointed Party) as the wage obligee was paid KRW 66,103,236, and the Plaintiff A was paid KRW 8,371,524, respectively.
Since then, the Plaintiffs.