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(영문) 대구지방법원김천지원 2020.07.23 2020가단30923

임금

Text

1. The Defendant: (a) KRW 7,903,674; (b) KRW 8,927,120; (c) KRW 31,548,587; and (d) KRW 12,371.

Reasons

1. Relevant legal principles

A. Workers’ wage and retirement allowance (hereinafter “wages, etc.”) claims constitute public-interest claims under Article 179(1)10 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”).

However, since the legal nature of damages for delay of monetary obligation is the legal nature of damages for delay, it cannot be deemed as equal to claims such as wages. Article 118 Subparag. 1 of the Debtor Rehabilitation Act provides for “property claims arising from the cause before the commencement of rehabilitation procedures for the debtor” as rehabilitation claims.

B. However, since the custodian is obligated to pay wages, etc. to workers who are public-interest claims at any time after the commencement of rehabilitation procedures, it is reasonable to deem that the custodian’s claim for damages arising from delay in the performance of such obligations after the commencement of rehabilitation procedures constitutes “claim arising from any act done by the custodian after the commencement of rehabilitation procedures” as stipulated in Article 179(1)5 of the Debtor Rehabilitation Act.

(see, e.g., Supreme Court en banc Decision 2013Da64908 Decided November 20, 2014). 2. Determination as to the claim

A. We examine this case in light of the above legal principles.

① The Plaintiffs provided labor under employment in E Co., Ltd. (hereinafter “Nonindicted Company”) and Plaintiff B retired on May 13, 2019; the remaining Plaintiffs retired on October 15, 2019; ② the decision to commence rehabilitation proceedings was rendered on July 16, 2019 by the Daegu District Court 2019Kahap137, and the Defendant was appointed as a custodian; ③ the fact that the Nonparty Company or the Defendant did not pay the Plaintiffs wages, etc. corresponding to each principal set forth in paragraph (1) of the Disposition to the present day is not a dispute between the parties, or that the Plaintiff did not pay the Plaintiffs wages, etc. corresponding to each principal set forth in paragraph (1) of the Disposition No. 1, or that the entire purport of the statement

The defendant is present at the first day of pleading on June 11, 2020, and the plaintiffs are present.