임금 등
1. The Defendant shall pay to the Plaintiff KRW 29,014,300 and the interest rate of KRW 20% per annum from November 16, 2014 to the day of full payment.
1. Although the Plaintiff provided his/her labor to the Defendant from April 18, 201 to November 1, 2014, the fact that the Plaintiff did not receive KRW 29,014,30,00, total of KRW 21,273,240, retirement allowances, and retirement allowances of KRW 7,741,060, among the wages does not conflict between the parties. Thus, the Defendant is liable to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum as stipulated in the Labor Standards Act from November 16, 2014 to the date of full payment for the Plaintiff’s retirement.
2. On March 11, 2015, the Defendant asserted to the effect that the Plaintiff’s claim should be repaid according to the rehabilitation procedure, on the grounds that the Defendant filed an application for rehabilitation with the Seoul Central District Court on March 11, 2015 and received the general prohibition order (2015 Gohap13) from the above court on March 16, 2015.
On the other hand, the plaintiff's claim of this case is based on the worker's wage and retirement allowance, i.e., public-interest claims, and public-interest claims should be repaid from time to time without undergoing rehabilitation procedures (Articles 179(1)10 and 180(1) of the Debtor Rehabilitation and Bankruptcy Act). Thus, the defendant's above assertion is rejected on a different premise.
3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.