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(영문) 인천지방법원 2017.02.14 2016가합51367

구상금

Text

1. The Defendant’s KRW 618,762,152 among the Plaintiff and KRW 5,129,981 among the Plaintiff, shall be KRW 460,121,152 from May 8, 2012.

Reasons

1. Basic facts

A. On July 29, 201, the company’s decision to commence rehabilitation procedures for Daewoo Motor Sales Co., Ltd. and the company’s divided vehicle sales company under the rehabilitation plan (hereinafter “company prior to the division”) was rendered on August 10, 201 upon filing an application for commencement of rehabilitation procedures with the Seoul Central District Court 201 Gohap105, and was decided to authorize the rehabilitation plan on December 9, 201, and pursuant to the above approved rehabilitation plan (hereinafter “instant rehabilitation plan”), the company was divided from the bus sales company prior to the division to the construction company on December 19, 201, and the Plaintiff, a bus selling company (the company prior to the division: the company prior to the alteration: the company prior to the division) and the Defendant, a construction company, were incorporated by division, and the company surviving the division was changed to all business sections prior to the division and development of the company (hereinafter “the corporation prior to the division”).

B. In the above corporate rehabilitation process, the company prior to the division did not pay wages and retirement allowances to the retired employee and employees due to aggravation of its management. Among them, 137 employees retired while serving in the company prior to the division as stated in the attached Table 1, such as unpaid wages, etc. (hereinafter “retirement employee”).

(2) In addition, as seen above, A retired while serving in the company prior to the split-off, did not receive 121,704,045 won in total, including wages and retirement allowances of 120,322,295 won and welfare expenses of 1,381,750 won.

C. The retired workers in this case filed a lawsuit against the company before the split-off against the company before the split-off and filed a payment order against the company before the split-off.