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(영문) 서울중앙지방법원 2015.04.30 2014가단5126387

임금

Text

1. C Co., Ltd., the administrator D’s taking over the lawsuit of Defendant Rehabilitation Debtor Co., Ltd., shall be KRW 39,761,140 to Plaintiff A.

Reasons

1. Basic facts

A. (1) On March 5, 2014, Defendant C acquired the instant lawsuit by Defendant C, following the abolition of rehabilitation procedures around December 2014, when the instant lawsuit was pending, since D was appointed as a manager at the time of filing an application for corporate rehabilitation with this Court No. 2014 Ma46, March 5, 2014.

(2) On April 3, 2014, Hyundai Engineering Co., Ltd. was dissolved after mergers with Defendant Hyundai Engineering Co., Ltd.

(3) The Plaintiffs worked as Defendant C’s employee and retired on May 15, 2014.

B. On January 25, 2010, Defendant Hyundai concluded a subcontract with Defendant C with respect to the construction of apartment machinery by giving orders to the Defendants for construction work at Libybya at the site of Libya, and concluded a contract with Defendant C on October 23, 2013 to change the contract period from January 25, 2010 to July 31, 2016.

(2) After the Defendants entered into a construction contract on January 25, 2010 and entered into the construction contract on February 15, 2011, the Defendants: (a) requested the resumption of construction works in the Defendant Hyundai around August 2012; and (b) dispatched Plaintiff B, an employee of Defendant C, to Libyia on January 30, 2013; and (c) on March 2, 2013, the Defendants were dispatched to Plaintiff A, an employee of Defendant C, to Libyia, but the Plaintiffs returned to Korea on April 2014.

(3) As the Republic of Korea’s internal War deepens, Defendant Hyundai gradually reduced the progress rate from May 2014, and on July 30, 2014, as the Libybya was designated as a travel-prohibited area, the entire employees, including the third country workers and subcontractors, were removed from August 9, 2014 at Libya’s site.

C. The Plaintiff A’s wages and retirement allowances unpaid to the Plaintiffs from December 2013.