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(영문) 전주지방법원 2017.10.18 2017가단4548
임금 및 퇴직금
Text

1. Of the instant lawsuit, the part of the claim for damages for delay by January 5, 2016 shall be dismissed.

2. The defendant 34,747.

Reasons

1. The fact that the Plaintiff served only on July 1, 2007 and March 31, 2015 at the Debtor Rehabilitation Corporation B (hereinafter “Rehabilitation Debtor”). However, the Debtor Rehabilitation Debtor did not dispute over the amount of unpaid wages and retirement allowances as of March 1, 2015 by paying only KRW 9,98,166, overtime allowance of KRW 6,808,267, holiday allowance of KRW 1,750,696, annual allowance of KRW 1,167,131, retirement allowance of KRW 40,275,737, annual allowance of KRW 167,167,131, and retirement allowance of KRW 40,275,737. The Debtor Rehabilitation Debtor did not appear to have received a decision to commence rehabilitation proceedings as of March 15, 2015 from the previous Jeju District Court, and the Defendant’s decision to commence rehabilitation proceedings as of 34,747,489,000,0000.

2. On January 5, 2016, the Plaintiff ex officio determination as to the legitimacy of the part claiming damages for delay until January 5, 2016 among the instant lawsuit, shall claim against the Defendant the interest for delay calculated at the rate of 20% per annum as stipulated in Article 37(1) of the Labor Standards Act from April 15, 2015 where the date from March 31, 2015 when the Plaintiff retired from office 14 days until January 5, 2015, from March 31, 2015 to January 5, 2015.

With respect to the legitimacy of the lawsuit in this part ex officio, the worker's right to claim damages arising from delay in the fulfillment of the obligation to repay workers' wages, etc. before the commencement order of rehabilitation procedures is "the obligor's property right that occurred before the commencement of rehabilitation procedures (Article 118 of the Debtor Rehabilitation and Bankruptcy Act)" and is "the obligor's property right that occurred before the commencement of rehabilitation procedures (Article 118 of the Debtor Rehabilitation and Bankruptcy Act)" and is "the rehabilitation claim"

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