임금
1. Of the instant lawsuit, the part of the claim for damages for delay by April 25, 2019 shall be dismissed.
2. The defendant 3,090.
1. Facts of recognition;
A. The Plaintiff was employed by a medical corporation B (hereinafter “B”) and retired from office after serving for the period from March 1, 2014 to December 9, 2018.
B. At the time of retirement, the Plaintiff did not receive the total of KRW 33,090,771 from B as wages and retirement allowances.
C. B was decided on April 25, 2019 by Seoul Rehabilitation Court 2019 Gohap10015, and the Defendant was appointed as a custodian on the same day.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings
2. Determination on the cause of the claim
A. Article 179 subparag. 10 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) provides for “worker’s wage, retirement allowance, and accident compensation” as a priority claim, and Article 180(1) of the same Act provides that “public-interest claims shall be repaid from time to time without following the rehabilitation procedure.” According to the above facts, the Defendant, a custodian B, is obligated to pay to the Plaintiff the sum of the principal amount of wages and retirement allowances.
B. (1) On April 25, 2019 (B) ex officio with respect to the legal nature of the lawsuit, the health room for determining whether damages incurred by delay in performing the obligation to pay wages, etc. of workers before the commencement of the rehabilitation procedure is “property claim (Article 118 of the Debtor Rehabilitation Act) arising before the commencement of the rehabilitation procedure against the debtor,” and the rehabilitation claim is deemed rehabilitation claim as it does not constitute public-interest claim under Article 179 of the Debtor Rehabilitation Act, and the rehabilitation creditor cannot exercise his/her claim without undergoing the rehabilitation procedure. Therefore, the part claiming damages incurred from the date following the Plaintiff’s retirement date from December 10, 2018 to April 25, 2019, which is the commencement date of the rehabilitation procedure from December 10, 2018 to B, which is the commencement date of the rehabilitation procedure. Therefore, the Plaintiff’s claim for this part is unlawful).