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(영문) 서울서부지방법원 2016.05.13 2015나6375
임금등
Text

1. Of the judgment of the court of first instance, 3,681,364 won against the Defendant and 3,413,016 won against the Plaintiff A and each of the said money against the Defendant.

Reasons

1. Facts of recognition;

A. From August 17, 2009 to December 31, 2014, Plaintiff A retired while providing labor under employment by Co., Ltd. (hereinafter “C”), but was not paid KRW 3,681,364 out of total retirement allowances and unpaid annual allowances.

B. From March 28, 2010 to December 31, 2014, Plaintiff B retired while providing labor under employment in C, but was not paid KRW 3,413,016 out of the total amount of retirement allowances and unused annual allowances.

B. C filed an application for commencing rehabilitation procedures with the Seoul Central District Court 2015 Gohap1010. On May 22, 2015, the said court considered the Defendant, the representative director of the said company, as the custodian.

C was decided to authorize the rehabilitation plan on September 23, 2015.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the above facts of determination, the defendant is obligated to pay 3,413,016 won, such as unpaid retirement pay, etc. to the plaintiff A, and 3,681,364 won, such as unpaid retirement pay, etc. to the plaintiff B.

The Plaintiffs claim for the payment of damages for delay calculated at the rate of 20% per annum as stipulated in the Labor Standards Act from January 15, 2015 to the date of full payment, which is the 14th day following the retirement of the Plaintiffs.

However, pursuant to Article 37(1) and (2) of the Labor Standards Act, Articles 17 and 18(1) of the Enforcement Decree of the Labor Standards Act, and Article 7(1) of the Wage Claim Guarantee Act, where an employer fails to pay all or part of wages and retirement allowances within 14 days from the date on which the cause for payment occurred, an employer shall pay interest in arrears at a rate of 20% per annum for the number of delayed days from the following day to the date of payment. However, where a decision is rendered to commence rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act, the provision on payment of interest in arrears under Article 37(1) of

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