A. The Plaintiff was employed by Company B (hereinafter “debtor”) and served from July 1, 2001 to April 18, 2015.

B. The Plaintiff was not paid the total of KRW 12,314,910 as well as KRW 33,235,664 as wages and retirement allowances by the debtor company, and KRW 45,550,574 as wages.

C. After that, the Plaintiff is above the Korea Labor Welfare Corporation.

12,415,500 out of the money in this subsection was paid as substitute payment.

On January 5, 2016, the debtor company was decided to commence rehabilitation procedures by Daejeon District Court 2015 Ma1003, and the defendant was appointed as the administrator.

[Ground of recognition] The fact that there is no dispute, entry of Gap evidence 1 (including each number), purport of whole pleading

2. Determination

A. According to the factual basis of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the unpaid wage and retirement allowance amounting to 3,135,074 won (=45,550,574 won - 12,415,500 won) and damages for delay calculated at the rate of 20% per annum from January 6, 2016 to the date of full payment, which is the day following the decision on commencing the rehabilitation procedure.

B. The defendant's assertion argues that the defendant company will pay unpaid wages and retirement allowances according to the rehabilitation procedure and decision since the rehabilitation procedure is in progress upon receiving a decision on commencing the rehabilitation procedure.

However, the Plaintiff’s claim of this case is based on the employee’s wage and retirement allowance, i.e., public-interest claims, and should be repaid from time to time without undergoing rehabilitation procedures (Articles 179(1)10 and 180(1) of the Debtor Rehabilitation and Bankruptcy Act). Thus, the Defendant’s assertion on a different premise is without merit.

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