1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 2, 2017, Ulsan District Court 2017 tea259, the payment order (hereinafter “instant payment order”) was issued to the effect that “E shall pay to the Plaintiff KRW 60 million and its interest at the rate of 20% per annum from the day following the delivery of the original copy of the instant payment order to the day of complete payment.” The said payment order was finalized on February 23, 2017 because E did not raise any objection.

B. On November 12, 2019, Ulsan District Court D, F, G, and H (Joint Real Estate Auction), a distribution schedule was prepared that the Defendant received KRW 6,314,380, and KRW 650,57,275 on the basis of collateral security (hereinafter “instant distribution schedule”) for KRW 656,821,655 of the purchase price for E-owned real estate.

C. On the above date of distribution, the Plaintiff raised an objection against KRW 10,500,00 among the Defendant’s dividends.

[Grounds for recognition] The written evidence Nos. 2, 4, and 5 and the purport of the whole pleadings.

2. The plaintiff's assertion holds bonds against E based on the payment order of this case.

10,500,000 won is a claim with preferential payment right under Article 38 of the Labor Standards Act, among the claims based on the payment order of this case.

The plaintiff failed to demand a distribution due to the failure to obtain a confirmation of overdue wages in the Ministry of Labor.

However, 10,500,000 out of the dividend amount to the defendant of the instant distribution schedule should be distributed to the plaintiff.

3. Determination

(a) Claims equivalent to wages for the last three months under Article 38 (2) of the Labor Standards Act shall be paid in preference to claims secured by security rights under the Act on Security over Pledges, Mortgages, Movables, Claims, Etc. on the whole property of the employer, taxes, public charges, and other claims;

However, even if it is the wage creditor who has the right to preferential reimbursement in accordance with the Labor Standards Act, he shall legally demand a distribution by the deadline for the completion of the demand for distribution in the compulsory execution procedure or the voluntary auction procedure.