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(영문) 서울서부지방법원 2015.12.24 2015가단26538

임금

Text

1. The Defendant: (a) KRW 8,065,226 to Plaintiff A; (b) KRW 7,131,423 to Plaintiff B; and (c) KRW 8,065,226 to Plaintiff C and each of the said money.

Reasons

1. Facts of recognition;

A. From July 29, 1995 to July 29, 1995; from July 1, 2008 to July 1, 2008; and from September 1, 2006 to December 31, 2014, Plaintiff C is an employee retired after working in Emphck and retired from office.

B. The Plaintiff A was not paid KRW 8,065,226 in total, KRW 8,065,226 in total, KRW 7,131,423 in total, and KRW 8,065,226 in total, and KRW 8,065,226 in total, of retirement allowances and annual annual allowances.

C. On May 22, 2015, Pacific Co., Ltd. was decided by the Seoul Central District Court to commence rehabilitation procedures (2015 Gohap1010), and the Defendant was appointed as the custodian.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1-1 to 3, purport of whole pleadings]

2. The Plaintiffs’ wage and retirement allowance claims constitute public-interest claims under Article 179(1)10 of the Debtor Rehabilitation and Bankruptcy Act, and public-interest claims are required to be repaid to Plaintiff A at any time without undergoing rehabilitation procedures pursuant to Article 180(1) of the aforesaid Act. Thus, the Defendant is obliged to pay to Plaintiff A 8,065,226 won, 7,131,423 won, and 8,065,226 won to Plaintiff C, as well as each of the above payments, 20% per annum from January 15, 2015 to May 21, 2015, the day immediately after the date when the commencement of rehabilitation is decided, and 6% per annum from the next day to August 19, 2015, the delivery date of a copy of the complaint of this case, which is 15% per annum as provided for in the Commercial Act. Thus, the claim of this case is well-grounded.