임금
1. The Defendant shall pay to the Plaintiff KRW 41,312,464 and the interest rate of KRW 12% per annum from May 22, 2019 to the date of complete payment.
Comprehensively taking account of the following facts: (a) the Plaintiff’s employment from February 1, 1995 to the Defendant, and the Defendant’s delayed payment of wages of KRW 41,312,464 in total until January 31, 2019, may each recognize the fact that the Plaintiff delayed payment of wages of KRW 41,312,464 in total.
According to the above facts of recognition, the defendant is obligated to pay the plaintiff the above overdue wages of KRW 41,312,464 and the damages for delay calculated at the rate of 12% per annum from May 22, 2019 to the date of full payment, which is the day following the delivery of a copy of the complaint in this case, after the commencement date of rehabilitation of the medical corporation B.
As to this, the defendant raised a defense to the effect that the repayment will be completed because the rehabilitation procedure is in progress. However, Article 179 subparagraph 10 of the Debtor Rehabilitation and Bankruptcy Act provides for "worker's wage, retirement allowance, and accident compensation" as a priority claim, and Article 180 (1) of the same Act provides that "public-interest claim shall be paid at any time without undergoing the rehabilitation procedure." Thus, the defendant's defense is without merit.
The plaintiff's claim is accepted.