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(영문) 광주지방법원 2014.10.21 2014가단33357
배당이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs filed an application for provisional attachment against the foregoing company’s land E, F, G, and H on February 18, 2014, and completed the provisional attachment registration on the same day. The Plaintiffs completed the provisional attachment registration on the same day. The Plaintiffs filed an application for provisional attachment against the foregoing company’s land E, F, G, and H, inasmuch as they amounted to KRW 94,743,00 (Plaintiff A28,875,00, Plaintiff B65,868,000).

B. On June 27, 2014, the Gwangju District Court, as a provisional attachment authority, prepared a distribution schedule with respect to the amount of KRW 94,790,82 to be distributed to the company as of June 27, 2014, which is the date of distribution of KRW 5,532,337 to the Plaintiff, considering all the Defendant as a collection authority having the first priority, and prepared a distribution schedule with respect to the amount of KRW 12,620,051 to the Plaintiff B, and KRW 76,638,434 to the Defendant in proportion to each amount of credit.

C. Accordingly, the Plaintiffs appeared on the aforementioned date of distribution and raised an objection against the Defendant’s dividend amount on the grounds that the Plaintiffs’ claims were priority over the Defendant’s claims as wage claims, and filed the instant lawsuit on July 4, 2014, which was seven days thereafter.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiffs asserted that they were the head of the working group by process of the persons who worked as workers at the first apartment construction site constructed by Dong name Construction Co., Ltd., and they subrogated for the above company's wages on behalf of daily workers on behalf of the above company. The plaintiffs' claims against the above company have preferential rights to payment as wages claims, and even if they are not wages claims of the snow company, they are superior claims to the defendant'

3. Determination as to whether a worker is a worker under the Labor Standards Act should be made according to whether a contract form is an employment contract or a subordinate relationship between an employee and an employer for the purpose of wages in a business or workplace.

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