도산등불인정처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On May 19, 2005, the Plaintiff joined a stock company B (hereinafter “instant company”) and retired on July 31, 2012.
The instant company, as its main business, discontinued its business on June 30, 2013 on the grounds of tax delinquency.
B. On June 13, 2013, the Plaintiff, who did not receive retirement allowances from the instant company, filed an application for recognition of bankruptcy, etc. with the Defendant on the ground that the instant company was bankrupt.
C. On October 21, 2013, the Defendant rendered a disposition of non-recognition of bankruptcy, etc. to the Plaintiff on the grounds of non-recognition as follows.
(hereinafter referred to as the “instant disposition”). (B) without bankruptcy as of August 20, 2012, the business and production facilities were comprehensively transferred to and acquired by the Bank of Korea, and even if such comprehensive transfer or acquisition was not carried out by the household affairs, it shall be deemed that the business and production facilities belong to the Bank of Korea, but even if D continues to operate a place of business by using the previous production facilities, it shall not be deemed that the main production or business operation of the business is suspended. Therefore, it shall not be deemed that the business falling under Article 5 (1) 2 of the Enforcement Decree of the Wage Claim Guarantee Act is discontinued or the business is discontinued, and therefore, it shall not be deemed that the business is discontinued or it is in the process of discontinuance of the business, and therefore, it shall not be deemed that the ground for recognition of “Unrecognized” exists, and the purport of the entire arguments and arguments, as stated in the evidence No. 1,
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the instant company was actually in the actual state of business closure by comprehensively transferring a business body to C Co., Ltd. (hereinafter “C”), and that the voluntary auction was commenced on April 3, 2013, and most of its employees retired from all until April 2013.
Therefore, at the time of the instant disposition, the business activities of the instant company were suspended, and this is the abolition of the business in the process of recognition of bankruptcy, etc.