The Plaintiff is a worker retired on February 28, 201 when working for the Korea Probation Co., Ltd. (hereinafter referred to as “foreign company”) for rehabilitation debtors from March 16, 1984.

B. The Plaintiff did not receive retirement allowances of KRW 129,707,240, annual leave allowances of KRW 1,160,00, annual leave allowances of KRW 8,373,90, total amount of KRW 139,241,140 from the Nonparty Company.

C. On September 6, 2013, the non-party company was decided to commence rehabilitation proceedings with the Seoul Central District Court 2013 Ma142, and the defendant was appointed as the administrator of the non-party company on the same day.

2. According to the facts of the above recognition, the defendant, the administrator of the non-party company, is obligated to pay to the plaintiff 139,241,140 won in total of unpaid retirement allowances and wages, and damages for delay calculated at the rate of 20% per annum as stipulated in the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act, from March 15, 201 to September 5, 2013, which is the day following the expiration of 14 days from the plaintiff's retirement date, to September 5, 2013, which is the day before the decision on commencement of rehabilitation procedures for the non-party company, as well as 6% per annum as stipulated in the Commercial Act until January 29, 2015, which is the day after the date of the decision of this case where it is deemed reasonable for the defendant to resist the existence or scope of the obligation

The Plaintiff is seeking damages for delay calculated at the rate of 20% per annum under Article 37(1) of the Labor Standards Act from March 15, 2011 to the date following the expiration of 14 days from the date of retirement of the Plaintiff.

However, according to Article 37(2) of the Labor Standards Act, Article 18(1) of the Enforcement Decree of the Labor Standards Act, and Article 7(1)1 of the Wage Claim Guarantee Act, where a decision is made to commence rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act, the above special rule is not applied to the period in which the cause exists, and with respect to delay damages during the period, the Civil Act, the Commercial Act,