A. From February 10, 2010 to October 31, 2018, the Plaintiff provided labor to Company B (hereinafter “Nonindicted Company”).

B. The Plaintiff was not paid 51,826,470 won in total (28,577,820 won in total) of wages and retirement allowances (23,248,650 won in total).

C. On March 29, 2019, Nonparty Company was declared bankrupt by Seoul Rehabilitation Court 2019Hahap10011, and the Defendant taken over the lawsuit.

[Reasons for Recognition: Facts without dispute, Gap 1, Eul 1, the purport of the whole pleadings]

2. Wage claims of the judgment worker shall be governed by the Debtor Rehabilitation and Bankruptcy Act and the Debtor Rehabilitation Act.

(1) Article 473 subparag. 10 of the Debtor Rehabilitation Act is an estate claim prescribed under Article 473 subparag. 10 of the same Act, and the employee’s right to claim damages arising from delay in the performance of the above obligation after the bankruptcy is declared also constitutes estate claims prescribed under Article 473 subparag. 4 of the same Act. However, the claim for damages incurred on wage claims prior to the declaration of bankruptcy is a bankruptcy claim (see, e.g., Supreme Court Decisions 2013Da219623, Jan. 29, 2015; 2013Da64908, Nov. 20, 2014). Therefore, the Defendant is obliged to pay to the Plaintiff 34,431,170 won and the amount at the rate of 15% per annum from March 29, 2019 to the date of full payment.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.