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(영문) 광주지방법원 2015.07.24 2015가단2169

임금 등

Text

1. The Defendant shall pay to the Plaintiff KRW 36,903,646 and a rate of KRW 20% per annum from June 12, 2015 to the date of complete payment.

Reasons

1. Facts of recognition;

A. A. ABD Asia Co., Ltd. (hereinafter “debtor”) is a company engaging in the manufacture and sale of motor vehicles and industrial distribution business, etc., the Plaintiff is employed by the debtor company, and the Plaintiff was employed by the debtor company from October 31, 2005 to September 30, 2014, and retired on October 1, 2014.

B. The Plaintiff was not paid KRW 40,506,761 in total, including the wages of KRW 20,881,554 and the retirement allowances of KRW 19,625,207, but received KRW 3,603,115 in total from the debtor company.

C. On May 21, 2015, the debtor company was decided to commence rehabilitation procedures by the Gwangju District Court 2015 Gohap504, and the defendant was appointed as joint managers.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff a total of 36,903,646 won of unpaid wages and unpaid retirement allowances (=40,506,761 won - 3,603,115 won) and damages for delay calculated at the rate of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 12, 2015 to the date of full payment, as the Plaintiff seeks.

3. As to the judgment on the Defendant’s assertion, the Defendant asserted to the effect that it is reasonable to suspend the instant lawsuit pursuant to Article 59(1) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), since the Defendant is still under rehabilitation proceedings upon the obligor company’s decision to commence rehabilitation. However, the Plaintiff’s instant claim is based on the employee’s wage and retirement allowance, i.e., a public-interest claim, which is based on the public-interest claim, and shall be repaid from time to time without undergoing rehabilitation procedures (Articles 179(1)10 and 180(1) of the Rehabilitation Act), and the Defendant’

4. Conclusion, the Plaintiff’s instant case.