1. Revocation of the first instance judgment.

2. With respect to the distribution procedure E case of the Chuncheon District Court Gangnam Branch E, the above court shall make a decision on the distribution procedure of the said court.

1. The reasoning for this part of the basic facts is the same as that of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. According to the evidence No. 4-1 through 3, evidence No. 5-1 and evidence No. 5-2 of the judgment on the cause of the claim, the following facts are acknowledged: (a) the Plaintiffs were employed as professors at the J University established and operated by the F of the Educational Foundation F (hereinafter “F”); (b) Plaintiff A was dismissed from office on August 21, 2015; and (c) Plaintiff B was dismissed from office on August 30, 2015; and (d) Plaintiff A was not paid KRW 6,641,500 from F during the period from June 2015 to August 2015.

According to Article 38(2)1 of the Labor Standards Act, wages for the last three months shall be paid in preference to pledges, mortgages, or claims secured by security rights under the Act on Security over Movable Property, Claims, Etc. on the whole property of an employer, taxes, public charges, and other claims.

On the other hand, if it is proved that the wage creditors who have the right to preferential payment under the Labor Standards Act are the wage claims before the distribution schedule becomes final and conclusive, they may receive preferential payment.

(See Supreme Court Decision 2002Da4870 Decided May 14, 2002). Accordingly, in the instant deposit, the wages of each of the plaintiffs for the last three months should be paid in preference to the claims secured by the defendant's pledge right. As such, in relation to the distribution procedure E-dividend of the Chuncheon District Court, the amount of dividends for the plaintiff A among the distribution schedule prepared on June 24, 2016 by the above court, KRW 6,641,50, and KRW 6,956,50, the amount of dividends for the plaintiff B, KRW 2,967,205,875 won against the defendant, and KRW 2,953,60,60, and KRW 875 won shall be adjusted respectively.

3. In conclusion, the plaintiffs' primary claims should be accepted on the grounds of their respective claims.

The judgment of the court of first instance, which differs from this conclusion, is unfair, so the amount of each dividend against the plaintiffs and the defendant shall be revoked and corrected as above.