A. From December 1, 2013 to November 30, 2018, the Plaintiff provided labor to B Co., Ltd. (hereinafter “Nonindicted Company”).

(b) The Plaintiff did not receive the total of KRW 21,206,880 paid in November 2017, KRW 2,116,850 paid in February 2018, KRW 2,632,105 paid in March 2018, KRW 4,177,870 paid in June 2018, KRW 4,169,320 paid in July 2018, KRW 8,384,910 paid in August 2018, and KRW 4,169,320 paid in September 20, KRW 4,169, KRW 320 paid in September 2018, KRW 4,169, KRW 320 paid in November 4,169, KRW 320 paid in November 2018, KRW 200, KRW 324,209, KRW 247, KRW 297, KRW 975,975,797.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, significant facts in this court, purport of the whole pleadings

2. Determination

A. Wage claims by workers of the relevant legal doctrine 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 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 an estate claim under Article 473 Subparag. 4 of the Debtor Rehabilitation 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).

B. The fact that the non-party company was declared bankrupt on March 29, 2019 by the Seoul Rehabilitation Court 2019Hahap10011, the part of the claim for damages incurred prior to the declaration of bankruptcy is obvious to this court. The Plaintiff’s wage claim constitutes a bankruptcy claim against the Plaintiff’s wage claim until March 29, 2019, which is the date the bankruptcy is declared by the non-party company, and the bankruptcy claim cannot be exercised without resorting to the bankruptcy procedure (Article 424 of the Debtor Rehabilitation Act). Thus, the lawsuit on this part is unlawful.

C. The Plaintiff’s claim for wages and damages for delay incurred after bankruptcy is declared.