1. The Defendant’s KRW 42,872,834 as well as 5% per annum from December 22, 2015 to April 7, 2016 to the Plaintiff.

1. Facts of recognition;

A. C operated the hospital as the representative of the E Hospital located in Gwangju Northern-gu, and the Plaintiff, the creditor of C and the mortgagee of the real estate owned by C, applied for voluntary auction of real estate.

[B] Doese District Court F, G (Consolidated)]

The Defendant was in the position of the president at the E Hospital and worked from September 1, 201 to September 30, 2014. During the said voluntary auction procedure, the Defendant demanded a distribution of KRW 21,000,000 for the last three months’ wages and KRW 48,285,884 for the last three years’ retirement allowances, and received KRW 6,30,000 as substitute payment from the Korea Labor Welfare Corporation.

C. On December 22, 2015, the auction court distributed 62,985,884 won (amount of demand for distribution 69,285,884 won - substitute payment 6,30,000 won) to the Defendant of the wage creditor, and prepared a distribution schedule that distributes 1,965,823,725 won to the Plaintiff. The Defendant received the said money.

[Reasons for Recognition] Uncontentious Facts, Gap 1, 2, 7 evidence, the purport of the whole pleadings

2. The plaintiff asserts that the defendant is the actual employer who jointly operated the hospital, and even if not, the defendant's monthly wage is not paid to KRW 9,00,000,00, and the defendant's retirement benefit for the last three years for which the right to preferential payment is recognized under the Retirement Benefit Guarantee Act is paid to the defendant, and the amount to be distributed to the defendant if the amount to be deducted from the substitute payment is paid to the defendant is KRW 20,113,050,00, as the amount to be paid to the defendant is KRW 20,113,050, the defendant should return the excess amount to the plaintiff as unjust enrichment.

In this regard, the defendant asserts that monthly salary was 16,00,000 won, the wage of the last three months is 21,00,000 won, and the retirement salary for the last three years is 48,285,884 won, and thus, the defendant was properly distributed.

3. The Plaintiff cannot be deemed an employer solely on the ground that the Plaintiff used the position of the president. According to the purport of the entire pleadings, the Plaintiff provided labor after receiving a certain amount of monthly salary while working in the hospital.