1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

1. Basic facts

A. The plaintiff and the designated parties are workers working in F Co., Ltd. (hereinafter "the company of this case"), and the defendant is the production director and the factory manager of the company of this case.

B. On May 2, 2008, G, the actual operator of the instant company, was in arrears with wages and retirement allowances of the Plaintiff and the designated parties. On May 2, 2008, G, the actual operator of the instant company, including the Plaintiff and the designated parties, entered into a transfer agreement with the Defendant and H, who were delegated with the power of representation from the employees of the instant company at the time of the instant company, on the pretext of payment of overdue wages and retirement allowances in lieu of payment of retirement allowances, the transfer agreement entered into between the Plaintiff and the designated parties, under which the Plaintiff and the designated parties transfer the management of the instant company’s gross tonnage bricks 1,091,180,

C. The Defendant sold the above bricks transferred from the instant company, and received KRW 142,147,175 (hereinafter “the instant brick sales proceeds”). Of the instant brick sales proceeds, some of the instant brick sales proceeds were paid to the employees of the instant company including the Plaintiff and the designated parties, and the remainder of KRW 54,30,742 was used as pre-contributions, work expenses, restaurant operation expenses, taxes, etc. to re-operating the factory of the instant company.

Plaintiff

The employees of the instant company, including the designated parties, selected the Defendant as the designated parties, and distributed the total amount of KRW 134,984,318 on the basis of the claim for wages and retirement allowances in the annual auction procedure for the factory of the instant company. However, the creditorsJ, etc. of the instant company filed a lawsuit of demurrer against the dividend amount against the Defendant. The Busan High Court on July 8, 2010 transferred the entire proceeds from the instant brick to the employees of the instant company, including the Plaintiff and the designated parties, under the name of the payment of wages, and transferred the proceeds from the instant brick payments to the employees of the instant company, including the Plaintiff and the designated parties, for reasons that the proceeds from the instant brick payments were appropriated to the wages of the employees of the instant company, including the Plaintiff and the designated parties, KRW 134,984,3