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(영문) 서울중앙지방법원 2019.10.08 2019가단5128579
임금
Text

1. The Defendant’s KRW 43,682,650 for the Plaintiff and KRW 5% per annum from April 26, 2019 to June 14, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff was employed by a medical corporation B (hereinafter “B”) and retired after serving for the period from July 1, 2002 to February 28, 2019.

B. At the time of retirement, the Plaintiff did not receive 61,346,280 won in total as wages and retirement allowances from B, and thereafter received 17,663,630 won in substitute payment from the Korea Labor Welfare Corporation.

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

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the 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 manager of B, is obligated to pay to the plaintiff the total amount of 43,682,650 won, such as unpaid wages, etc. (=61,346,280 won - 17,663,630 won) and damages for delay calculated at each rate of 12% per annum under the Civil Act from April 26, 2019 to June 14, 2019, the delivery date of a copy of the complaint of this case, as requested by the plaintiff, from April 26, 2019 to June 14, 2019, and from the next day to the day of full payment.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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