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(영문) 인천지방법원 2018.12.19 2018가단30398

퇴직금

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1. Of the instant lawsuit, each claim for delay damages by September 4, 2018 shall be dismissed.

2. The defendant 10.0% against the plaintiff A.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts;

3. The employee’s right to claim damages arising from delay in the performance of his/her obligation to repay workers’ wages, etc. before the commencement of the rehabilitation procedure begins can be exercised only by the rehabilitation procedure because the obligor falls under the rehabilitation claim based on the “property claim arising before the commencement of the rehabilitation procedure” (Article 118 of the Debtor Rehabilitation and Bankruptcy Act). As such, the part of each of the instant claims for damages up to September 4, 2018 among the instant lawsuits is unlawful