1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 1, 2016, the Plaintiff, D, E, F, and G were subject to a provisional attachment order for the claim for construction price against H Co., Ltd. (hereinafter “C”) by the Changwon District Court 2016Kadan481, based on KRW 68,872,269, such as wages, etc. against H (hereinafter “H”).

B. The Plaintiff, D, etc. filed a lawsuit claiming the payment of wages against H, and as a result, it became final and conclusive upon each winning judgment or performance recommendation decision as listed below.

Serial number 1 Plaintiff 10,503,750 won for case number 1, 2016 Daz. 2016 Daz. 99652 D 32,035,279 Daz. 2016 Daz. 3 E 8,000,000 Daz. 2016 Daz. 12567 3 E 8,60,000 Daz. 46369 Daz. 15,933,240 Daz. 2016 Daz. 91015 G 2,40,000 Daz. 2016 Daz. 2414 Daz. 68,72,269 won

C. H filed a lawsuit against C against Changwon District Court 2016Kadan119512, and the conciliation was concluded on August 31, 2018, which received KRW 56,500,000 from C and delay damages therefor.

On the other hand, on May 19, 2017, the Defendant issued a seizure and collection order against the claim for construction cost of H as the Changwon District Court 2017TT 20,874,713, based on the claim for construction cost of 420,874,715, the Defendant issued a seizure and collection order against the claim for construction cost of H as the Changwon District Court 2017T 4081.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is not only the wage obligee having the effect of preferential payment under the Labor Standards Act, but also the Plaintiff’s provisional attachment was made on April 1, 2016, and thus, the Defendant’s collection order was first issued on May 19, 2017, and thus, the Plaintiff should have the priority over the Defendant, the obligee for the construction cost.

And H's amount of credit against H's third debtor C is KRW 56,500,000.