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(영문) 인천지방법원 2019.11.27 2019가단26105

임금등

Text

1. The Defendant’s KRW 58,616,792 as well as 6% per annum from August 15, 2019 to October 4, 2019 to the Plaintiff.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts;

3. According to Article 37(2) of the Labor Standards Act, Article 18 subparag. 1 of the Enforcement Decree of the same Act, and Article 7(1)1 of the Wage Claim Guarantee Act, where a decision to commence rehabilitation procedures is made pursuant to the Debtor Rehabilitation and Bankruptcy Act, 20% interest of 10% per annum on unpaid wages and retirement allowances shall not apply to unpaid wages and retirement allowances.

B was decided on March 14, 2019 in Incheon District Court 2019 Gohap4. The part of the claim for damages for delay exceeding the amount calculated by the ratio of 6% per annum under the Commercial Act from August 15, 2019 to October 4, 2019, the delivery date of a copy of the complaint in this case, which was the date of retirement, and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of complete payment, is dismissed.