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(영문) 광주지방법원 2015.03.27 2014가단33364
배당이의
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of the lawsuit shall be borne by the plaintiff (appointed party) and the appointed party C.

Reasons

1. Basic facts

A. The Plaintiff A and the Selection C (hereinafter “Plaintiff, etc.”) filed an application for provisional attachment against the Plaintiff, a total of KRW 56,460,00 (Plaintiffs A26,115,00, KRW 330,345,00) for three parcels of land owned by the said Company, and received a provisional attachment order from the Seoul Southern-gun District Court on February 13, 2014.

B. On June 27, 2014, the Gwangju District Court: (a) as the person holding each provisional attachment authority for the Plaintiff, etc. regarding the amount of KRW 56,465,925, which is the date of distribution of D in relation to the said company; (b) deemed all the Defendant as the one having the right to collect, and accordingly, drafted a distribution schedule to distribute the amount of KRW 4,067,461, the amount of KRW 465,925, which is the date of distribution of D to the said company; and (c) 4,55,985, which

C. Accordingly, the Plaintiff et al. appeared on the aforementioned date of distribution and raised an objection against the Defendant’s dividend amount on the grounds that the Plaintiff et al.’s claims were priority over the Defendant’s claims as wage claims, and filed the instant lawsuit on July 4, 2014, within seven days thereafter.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff et al. asserted the plaintiff et al. is the head of the working group by process, who was employed as an employee at the site of G apartment construction constructed by the E company, and the daily workers' wages are subrogated for the above company on behalf of the above company. The plaintiff et al.'s claims against the above company have preferential rights to payment as wage claims, and the above distribution schedule distributed in the same order

3. (1) Determination as to whether an employee is a worker under the Labor Standards Act shall be made based on whether the form of a contract is an employment contract or a subordinate relationship is substantially higher than whether an employee provided labor to an employer for the purpose of wages at a business or workplace, and whether an employee is a subordinate relationship is an employer.

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