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(영문) 서울중앙지방법원 2019.10.08 2019가단5059529

임금

Text

1. As to Plaintiff A, the Defendant: (a) KRW 42,39,548; (b) KRW 40,89,548; and (c) KRW 40,89,548; and (d) each said money, from November 2, 2018 to 2019.

Reasons

1. Facts of recognition;

A. The Plaintiffs were employed by C Co., Ltd. (hereinafter “C”), and retired from office after serving from May 1, 2009 to June 30, 2018.

B. (1) At the time of retirement, Plaintiff A was not paid KRW 51,339,548 in total as wages and retirement allowances by C, and thereafter received 9,00,000,000 out of the above retirement allowances from Korea Labor Welfare Corporation. (2) At the time of retirement, Plaintiff B was not paid KRW 49,89,548 in total as wages and retirement allowances by C, and thereafter received KRW 9,00,000 out of the above retirement allowances from Korea Labor Welfare Corporation as substitute payment.

C. On November 1, 2018, C was decided to commence rehabilitation procedures by Seoul Rehabilitation Court 2018 Gohap10020, and the Defendant was appointed as a custodian on the same day.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including each number), the purport of the whole pleadings

2. Article 179 subparag. 10 of the Debtor Rehabilitation and Bankruptcy Act provides, “The debtor’s wage, retirement allowance, and accident compensation for workers” as a priority claim. Article 180(1) of the same Act provides, “Public-interest claims shall be repaid from time to time without undergoing rehabilitation procedures.”

According to the above facts of recognition, the Defendant, the administrator of C, is obligated to pay the Plaintiff the total amount of KRW 42,39,548 (=51,39,548 - 9,00,000) including unpaid wages, etc. (=40,89,548 - 9,000,000) and the total amount of unpaid wages, etc. paid to the Plaintiff B (=49,899,548 - 9,000,000) and damages for delay calculated at the annual rate of 12% as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the following day of the ruling of rehabilitation of C, from November 2, 2018 to July 4, 2019.

3. In conclusion, the plaintiffs' claim of this case is justified and it is so decided as per Disposition.