임금 등
1.The judgment of the first instance shall be modified as follows:
Of the instant lawsuits, from September 15, 2012 to February 6, 2013.
1. The Plaintiff and the Selection C worked for the Plaintiff from April 24, 1993 to August 31, 2012, when they retired from office on the ship-master metal Co., Ltd. (hereinafter “ship-master metal”), the fact that the ship-master metal was not paid wages and retirement allowances of KRW 48,55,278 to the Plaintiff, and KRW 23,205,793 to the Selection C, and the fact that the ship-master metal was appointed as the trustee in bankruptcy on February 6, 2013 (Seoul Central District Court 2013Hahap6) is no dispute between the parties.
2. Determination on this safety defense
A. The Defendant’s assertion and the appointed party C sought wages and retirement allowances which were not paid from a double metal, and damages for delay thereof, and the Defendant asserts that the part of the claim for delay damages in the instant lawsuit is unlawful, since the Defendant’s claim for damages for delay from the date of declaration of bankruptcy of double metal among the above damages for delay falls under general bankruptcy claims, and claims for damages for delay arising after the date of declaration of bankruptcy fall under subordinate bankruptcy claims and can be exercised only through bankruptcy proceedings.
B. When the debtor is declared bankrupt, all assets held by the debtor at the time that the debtor is declared bankrupt belong to the bankruptcy estate, and the right to manage and dispose of the bankruptcy estate belongs to the bankruptcy estate, and any bankruptcy creditor who has any property claim arising before the debtor is declared bankrupt is prohibited in principle from voluntary repayment of the debtor and individual exercise of the creditor's claims, such as that it is impossible for the debtor to exercise his/her claims without resorting to bankruptcy procedures, and distributing dividends by fairly
In addition, in the event that the debtor's property claim is in the state of default before the bankruptcy is declared, the claim that occurred before the bankruptcy is declared among the claim for damages and the penalty, but the claim that occurred after the bankruptcy is declared.