1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 15, 2016, at the request of the Industrial Bank of Korea, the procedure of the auction of real estate B in the Daejeon District Court (hereinafter “instant auction”) was initiated regarding the real estate owned by C Co., Ltd. (hereinafter “C”).

B. On April 14, 2016, the Plaintiff made a demand for distribution as a wage creditor C in the instant auction procedure.

C. During the instant auction procedure on December 29, 2016, a distribution schedule was prepared to distribute each amount to wage creditors in the first order among the amount to be actually distributed on the date of the open distribution on December 29, 2016, and to the Defendant who succeeded to the Industrial Bank of Korea, a person holding the right to apply for the second order, as well as the right to apply for the second order, KRW 3,852,74,058, respectively.

The Plaintiff did not receive dividends in the dividend procedure as above.

The Plaintiff appeared on the date of distribution, and raised an objection against KRW 32,019,030 among the Defendant’s dividends, and filed the instant lawsuit on January 3, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that he resigned from the position of director C, and served as a general worker in C from around 2011 to April 2016, and was in charge of manufacturing and maintaining product production equipment.

The Plaintiff, as a wage obligee C, was paid in 32,019,030 won as wages and retirement allowance claims with the top priority payment right as stipulated in the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act, but did not receive dividends in the auction procedure

Therefore, since the above part of the amount equivalent to the above amount of the defendant's dividend amount which is subordinate to the plaintiff is unfair, the distribution schedule should be corrected by distributing it to the plaintiff.

B. Determination as to whether a worker is subject to the Labor Standards Act shall be made according to whether, regardless of the form of contract, labor has been provided to an employer for the purpose of wages in substance, and such determination shall be made as a director or auditor of the company.