1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The plaintiff is a juristic person which carries out business affairs on the payment of overdue wages, etc. and the subrogation of the right to claim unpaid wages, etc. under Articles 6 and 7 of the Wage Claim Guarantee Act under the entrustment of business affairs by the Minister of Labor. The defendant is a special juristic person established under Article 54 of the Framework Act on the Construction Industry for the purpose of contributing to the sound development of construction business by promoting the association members' independent economic activities and the enhancement of economic status by carrying out various guarantees, financing and mutual-aid business necessary for the association members

B. The Defendant issued and delivered the contribution certificates representing the rights and status of the Defendant’s members to the Defendant who became the Defendant’s members through the contribution, and offered the guarantee and financing of the members as security of the contribution certificates. The Defendant was issued and delivered the contribution certificates of 41 unit (hereinafter “instant contribution certificates”) from the Defendant as the Plaintiff’s members together with the contribution.

C. Pursuant to Article 6 of the Wage Claim Guarantee Act, the Plaintiff paid the employee of a female construction to pay the wages in arrears for the last three months and retirement allowances for the last three years. After subrogated acquisition of the employee’s right to claim wages and retirement allowances for the said employee’s female construction under Article 7 of the said Act, the Plaintiff filed a claim for wages and retirement allowances and received a final and conclusive judgment in favor of the said employee, against the female construction, and then the said employee obtained a final and conclusive judgment in favor of said employee by filing a claim for wages under the Seoul East Eastern District Court’s 2015No13342, May 4, 2016 with the title of execution. The amount claimed as KRW 59,642,760 as of May 4, 2016 against the Defendant as the title of execution, shall be deemed as KRW 59,642,760 for the said construction to the Defendant.