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1. Of the instant lawsuit, the part claiming damages for delay from September 15, 2014 to February 8, 2018 regarding KRW 102,521,928, among the instant lawsuit.
Reasons
1. Facts of recognition;
A. On May 26, 1993, the Plaintiff joined a stock company B (hereinafter “B”) and retired on January 29, 2018.
B. The Plaintiff, on August 31, 2014, received interim settlement of retirement allowances of KRW 102,521,928 from B, but did not receive retirement allowances of KRW 102,521,928, and on January 29, 2018, received retirement allowances of KRW 18,856,335.
C. B, on February 8, 2018, received a ruling of commencement of rehabilitation as the Incheon District Court 2017hap50, and the Defendant, the representative director of the rehabilitation debtor B, was considered as the custodian, as the custodian, because the custodian was not appointed separately.
[Ground of recognition] Evidence Nos. 1, 2, Eul's Evidence No. 1, and the purport of the whole pleadings
2. Ex officio determination as to the legitimacy of a lawsuit on the part of the claim for partial damages for delay as to the part of the claim for interim settled retirement allowance of KRW 102,521,928, which the Plaintiff claimed from September 15, 2014 to February 8, 2018, and the employee’s right to claim damages arising from delay in performing the obligation to pay wages, etc. of the employee before the commencement of rehabilitation procedures is decided by the obligor is a claim under Article 118 subparag. 1 of the Debtor Rehabilitation and Bankruptcy Act, and it constitutes a rehabilitation claim, as it does not constitute a public-interest claim under Article 179 of the Debtor Rehabilitation and Bankruptcy Act, and the rehabilitation creditor is prohibited from exercising his/her right to claim without undergoing rehabilitation procedures.
Therefore, the part of the instant lawsuit claiming damages for delay from September 15, 2014 to February 8, 2018 is unlawful.
3. According to the facts of the determination on the merits, the Defendant’s total amount of KRW 121,378,263 (i.e., interim settled retirement pay of KRW 102,521,928,856,335) and interim settled retirement pay of KRW 102,521,928, which is the following day after the decision to commence the rehabilitation procedure, with respect to KRW 18,856,335 of the retirement pay, from February 9, 2018, and from February 13, 2018, with respect to KRW 14 days after the date of retirement.