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1. The defendant shall pay to the plaintiffs each amount stated in the "request amount" list for each party's claim amount as shown in the separate sheet No. 1 and each amount above.
Reasons
1. Facts of recognition;
A. The Plaintiffs retired after being employed by G Co., Ltd. (hereinafter “G”) that runs the transit and the security business, etc.
(Retirement Date of Plaintiffs E is as follows: Plaintiffs E, June 9, 2019, Plaintiff A, and F: July 2, 2019, Plaintiff B, C, and D: July 3, 2019)
B. At the time of retirement, the Plaintiffs did not receive the same wages, retirement allowances, etc. (hereinafter “wages, etc.”) as indicated in the “detailed description of overdue money and other valuables” in the list of claims by Attached Party 2 from G at the time of retirement. On September 27, 2019, the Plaintiffs received part of the aforementioned wages, etc. as substitute payments from the Korea Workers’ Compensation and Welfare Service. The details of the Plaintiffs’ unpaid wages, etc. are as indicated in the “detailed money and other valuables details” in the list of claims by Attached
C. On December 21, 2018, G was ordered to commence simplified rehabilitation as the Daegu District Court 2018 Mahap1019, and the Defendant was considered as a custodian under Article 74(4) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) on the same day. On July 23, 2019, G was appointed as a custodian pursuant to the appointment order of 2018 Mahap1019, the same court.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination
A. Article 179 subparag. 10 of the Debtor Rehabilitation Act provides for the “worker’s wage, retirement allowance, and accident compensation” as a priority claim, and Article 180(1) of the same Act provides that “public-interest claims shall be repaid from time to time without undergoing rehabilitation procedures.” According to the above findings, the Defendant, who is a manager of G, is obligated to pay the Plaintiffs each money indicated in the “claim amount” list for each party’s claim amount.
B. Since a partial custodian is obligated to pay wages, etc. of workers who are public-interest claims at any time, the custodian is a worker who delayed the performance of the above obligation after the decision is rendered to commence the rehabilitation procedure.