1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On September 19, 2017, the Plaintiff received a seizure and collection order as to the claim against E (hereinafter referred to as “E”) with the Seoul Western District Court 2017TTTB 2017T 56263, based on the wage claim against E (hereinafter referred to as “E”).

B. Pursuant to Article 248(2) of the Civil Execution Act, F Co., Ltd.: (i) the commencement of the distribution procedure and the preparation of a distribution schedule; (ii) the enforcement deposit of KRW 4,822,884, the Seoul Western District Court (Seoul Western District Court 1040, Mar. 12, 2018) on March 12, 2018 (hereinafter “prior deposit”).

(2) On August 10, 2018, Seoul Western District Court deposited KRW 698,049 (hereinafter “afterward deposit”) with the Seoul Western District Court No. 3359 in 2018.

2) The Seoul Western District Court C’s distribution procedure regarding the prior deposit was initiated.

(hereinafter “instant distribution procedure”). On December 19, 2018, the distribution schedule was prepared to distribute KRW 4,497,589, which is to be actually distributed to the Plaintiff, who is the wage obligee (priority), KRW 3,368,02, and KRW 1,129,567, to the Defendant, who is the wage obligee (priority).

3) The distribution procedure was initiated in Seoul Western District Court DD as to the subsequent deposit. On December 19, 2018, the date of distribution, KRW 361,109, which was the date of actual distribution, was 57,227, and the distribution schedule was formulated to distribute the amount of KRW 28,248, KRW 7,533, and KRW 268,101 to the Plaintiff, who is the wage obligee (priority), who is the wage obligee (priority), to the Defendant, who is the wage obligee (priority), to the Defendant, who is the wage obligee, as the wage obligee. (4) On the other hand, the Plaintiff stated an objection against the amount distributed to the Defendant on each of the aforementioned distribution dates, and filed a lawsuit of demurrer against the distribution of the instant case on December 22, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 3 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The Plaintiff’s assertion that the Defendant received both wages of May, 2017, June, 2017, and July 2017 from E and received dividends by concealing and falsely demanding distribution. As such, the Defendant’s claim is with merit.