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. The Plaintiff and the joint Plaintiff B filed an application for provisional attachment against the previous Young-gun, E, F, G, and H land owned by the said company on the ground that the claim for wages against the Dong name Construction Co., Ltd. was totaled KRW 94,743,00 (Plaintiff 28,875,000, KRW 65,868,00, KRW 600) and completed the provisional attachment registration of the said land on the same day.

B. On June 27, 2014, the Gwangju District Court: (a) as to the amount of KRW 94,790,82 to be actually distributed to the said company on the date of distribution of D on June 27, 2014, the Plaintiff and the joint Plaintiff B of the first instance trial are the provisional attachment authority; and (b) as to both the Defendant and the joint Plaintiff B of the first instance trial, deemed the first priority as a collection authority, the Gwangju District Court prepared a distribution schedule that allocates KRW 5,532,37 to the Plaintiff, 12,620,051 to the joint Plaintiff B of the first instance trial, and the Defendant

C. Accordingly, the Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the Defendant’s dividend amount on the grounds that the Plaintiff’s claim is a wage claim and takes precedence over the Defendant’s claim, and filed the instant lawsuit on July 4, 2014, the period between seven days and 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 plaintiff's assertion is that the working group head of the work group by process, who worked as an employee at the first apartment construction site constructed by Dong name Construction Co., Ltd., and the daily employed workers' wages are subrogated on behalf of the above company, and the plaintiff's claim against the above company has preferential right to payment as wage claim, and even if it is not a claim for the snow company's wage, it is a priority claim rather than

3. Determination

A. Whether a worker is a worker under the Labor Standards Act is an employment contract or a contract for employment, and the worker actually works in a subordinate relationship with the employer for the purpose of wages in the business or workplace.