1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff’s wage claim 1) retired from office with Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”) from October 1, 2016 to May 31, 2019.

On July 18, 2019, the Plaintiff applied for a payment order against the non-party company to seek payment of unpaid wages, and issued a payment order stating that “the non-party company shall pay damages for delay at the rate of 20% per annum from June 15, 2019 to the date of full payment” (Seoul Western District Court Decision 2019Da47392). The above payment order became final and conclusive as it is.

2) Of the above KRW 40,942,723, the amount recognized as the highest priority among the above KRW 40,942,723 should be repaid 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 the employer, and other claims, notwithstanding Article 38(2)1 of the Labor Standards Act (Preferential repayment of wage claims)

1. The wages of 15 million won for the last 3 months of the wages, and Article 12 (2) and Article 12 of the Guarantee of Workers' Retirement Benefits Act (Preferential Payment of Retirement Benefits, etc.) (2) The retirement benefits, etc. for the last 3 years shall be paid in preference to claims secured by pledges or mortgages on the whole property of the employer, taxes, public charges, and other claims;

A total of KRW 26,67,360 including retirement benefits of KRW 11,67,360 for the last three years.

B. 1) Notwithstanding Article 469 of the Civil Act on the repayment by a third party, if an employer falls under any of the following subparagraphs and a retired employee claims the payment of unpaid wages, etc., the Defendant shall pay on behalf of the employer the unpaid wages, etc. on behalf of the third party, notwithstanding Article 469 of the same Act on the repayment by the third party:

Pursuant to paragraph 1.