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(영문) 서울중앙지방법원 2019.12.17 2019가단39759
임금 등 청구의 소
Text

1. The Defendant’s KRW 75,452,419 for the Plaintiff and KRW 6% per annum from June 8, 2019 to October 2, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff was employed by a medical corporation B (hereinafter “B”) and retired from office after serving from March 1, 2001 to May 24, 2019.

B. At the time of retirement, the Plaintiff did not receive the total amount of KRW 90,129,89,000 from B, and thereafter received 14,67,480 out of the above wages and retirement allowances as substitute payment from the Korea Labor Welfare Corporation.

C. B was decided on April 25, 2019 by Seoul Rehabilitation Court 2019 Gohap10015, and D was appointed as a custodian on the same day. On November 21, 2019, D resigned and the Defendant was appointed as a custodian.

On December 10, 2019, after the closing of the argument in the instant case, the Defendant submitted a written application for correction of the indication of a party (which is stated as a written application for request for continuation of a lawsuit, but is prior to the application for correction of the indication of a party) changing the Defendant from “D administrator B of the rehabilitation debtor medical corporation B to “C” of the rehabilitation debtor medical corporation B.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Article 179 subparag. 10 of the Debtor Rehabilitation and Bankruptcy Act provides, “The debtor’s wage, retirement allowance, and accident compensation for workers” as a priority claim. Article 180(1) of the same Act provides, “Public-interest claims shall be repaid from time to time without undergoing rehabilitation procedures.”

According to the above facts, the defendant, who is the administrator B, is obligated to pay to the plaintiff 75,452,419 won in total including the unpaid wages, etc. (=90,129,89 won - 14,677,480 won in total) and to pay damages for delay calculated at the rate of 12% per annum as prescribed by the Commercial Act from June 8, 2019 to October 2, 2019, the delivery date of a copy of the application for modification of the purport of the claim and the cause of the claim, from June 8, 2019, which is the day after the 14th day from the next day to the day of complete payment.

3. Thus, the plaintiff's claim of this case is reasonable.

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