1. The plaintiff's claim against the bankruptcy trustee B against the defendant bankrupt corporation B is dismissed.

2. The lawsuit of this case is pending.

1. Basic facts

A. B (hereinafter “Nonindicted Company”) was declared bankrupt on September 1, 2017 by Busan District Court 2017Hahap2020, and the Defendant trustee was appointed on the same day.

B. The Plaintiff, a creditor of the non-party company, and filed an application for the auction of real estate rent based on the above collateral security D with the maximum debt amount of 3,120,000,000 with respect to real estate owned by the non-party company, such as 1,985,4 square meters of land E for factory in Gangseo-gu Busan, Busan, which

C. On December 13, 2018, the auction court distributed KRW 36,404,190 to the vicarious exercise of the claim for wages upon the payment of substitute payment by Defendant Corporation, as indicated in the attached Table distribution table, and the creditor column as indicated in the attached Table distribution table shall state “Defendant Corporation” in the creditor column, and the reason thereof shall state “substitute for wages substitute payment to the trustee in bankruptcy”, and a distribution schedule shall be prepared with the content that distributes KRW 2,702,01,552 to the Plaintiff, a mortgagee having the right to separate settlement,

On the date of distribution, the Plaintiff raised an objection to the distribution portion of the claim for substitute payment against the Defendant trustee in bankruptcy.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2, Gap evidence No. 2-1, 2, Gap evidence Nos. 4 and 5, the purport of the whole pleadings

2. Determination:

A. The proviso of Article 415-2 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) provides that, in the exercise of the right to separation, the Plaintiff has no right to be paid in preference to other secured creditors in cases where the Plaintiff subrogated the claims under each subparagraph of Article 38(2) of the Labor Standards Act and the retirement benefits, etc. under Article 12(2) of the Guarantee of Workers’ Retirement Benefits Act in accordance with Article 8 of the Wage Claim Guarantee Act, the right to substitute payment claim of Defendant Corporation shall not be distributed in preference

Nevertheless, the auction court prepared a distribution schedule by allocating a substitute payment claim to the defendant Corporation in preference to the plaintiff.

(b)in the vicinity;