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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Industrial Bank of Korea established the right to collateral security worth KRW 240 million with respect to the maximum debt amount with respect to the Gtel No. 801, 1901, and 1902 of Busan Dong-gu Gtel No. 801, 1901, and 1902 (hereinafter “the instant real estate”) owned by the Korea Energy Corporation (hereinafter “Korea Energy Corporation”) in order to secure the claim against the Korea Energy Corporation (hereinafter “Korea Energy Corporation”).
B. On April 29, 2013, the Industrial Bank of Korea filed an application for the auction of the instant real estate with the Busan District Court F, on the instant real estate based on the foregoing collateral security on April 29, 2013, and the Defendants filed an application for the auction of the Busan District Court D, E (Dupl), and F (Dupl) auction procedure commenced thereafter, as wage creditors.
C. Meanwhile, after the commencement of the above auction procedure, the Industrial Bank of Korea transferred all claims and collateral security against energy Nara to the Plaintiff, and the Plaintiff taken over the above auction procedure.
On March 21, 2014, the above executing court, as the wage creditor, distributed each of the KRW 7,475,000 to the plaintiff A, who is the top priority creditor, and KRW 8,325,00 to the plaintiff B, and KRW 5,785,00 to the plaintiff C, and prepared a distribution schedule (hereinafter "the instant distribution schedule") that distributes the amount of KRW 70,244,78 to the plaintiff, who is the mortgagee, as the right to collateral security (hereinafter "the instant distribution schedule").
E. On March 21, 2014, the Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the dividend amount of the Defendants, and filed the instant lawsuit on March 27, 2014.
[Ground of recognition] Facts without dispute, Gap 1 to 3, Gap 7, and 8, the purport of the whole pleadings
2. The parties' assertion
A. The Defendants are not the workers of energy Nara, and even if they are workers, the Defendants calculated an excessive amount of wages and demanded a distribution.
B. The Defendants were workers of energy Nara, and the wages demanded by the Defendants are also calculated accurately.
3. According to the reasoning of the judgment below, Gap 4 to 6, Eul 1 to 6, the defendants are energy Nara.