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(영문) 대전고등법원 2015.05.15 2014나10784

임금

Text

1. The judgment of the court of first instance is modified as follows.

From May 1, 2012 to April 30, 2013 among the plaintiffs' lawsuits in this case.

Reasons

1. Determination on the defense prior to the merits

A. In fact, in May 2012, the Future Savings Bank Co., Ltd. (hereinafter “SB Savings Bank”) was designated by the Financial Services Commission as an insolvent financial institution and its business was suspended. On April 30, 2013, Seoul Central District Court Decision 2013Hahap54 was declared bankrupt, and the Defendant was appointed as a trustee in bankruptcy of the future Savings Bank.

B. As to the plaintiffs' lawsuit of this case against which the defendant's future savings bank did not pay wages and delay damages therefor, the defendant asserts that the defendant's claim for delay damages falls under bankruptcy claims as provided by the Debtor Rehabilitation and Bankruptcy Act (hereinafter " Debtor Rehabilitation Act"). The bankruptcy claims can only be exercised under bankruptcy proceedings, and therefore, the part against which the plaintiffs' claim for delay damages is unlawful.

C. The bankruptcy procedure under Part III of the Debtor Rehabilitation Act is a procedure for ensuring equitable satisfaction to all creditors when the debtor is in insolvency status due to the debtor's impossibility of repaying his/her total assets to all creditors due to his/her insolvency status, etc. Where the debtor is declared bankrupt, the right to manage and dispose of all assets held at the time the debtor is declared bankrupt belongs to the bankruptcy estate and the bankruptcy estate belongs to the bankruptcy trustee, and the right to manage and dispose of the bankruptcy estate is exclusively vested in the bankruptcy trustee. Any bankruptcy creditor holding any property claim arising before the debtor is declared bankrupt is prohibited in principle from voluntary repayment of the debtor, such as being unable to exercise his/her claim without resorting to the bankruptcy procedure, and individual creditor'

(See Articles 1, 382(1), 384, 423, 424, and 505 of the Debtor Rehabilitation Act, and Articles 1, 382(1), 384, 423, 424, and 505 of the same