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1. The defendant,
A. As to Plaintiff A’s KRW 90,633,609 and KRW 7,989,360 among them, KRW 5,585,560 from July 26, 2012.
Reasons
1. Basic facts
A. The Defendant is a corporation that mainly engages in steel product construction business, window construction business, etc., and on December 17, 2012, an application for corporate rehabilitation (Seoul Central District Court 2012 Gohap258) was filed on January 18, 2013 and the rehabilitation procedure (hereinafter “instant rehabilitation procedure”) was completed on December 13, 2013 after receiving a decision to commence the rehabilitation procedure from the above court.
B. Around October 1998, Plaintiff A joined the Defendant and retired from the Defendant on February 14, 2013. The Defendant did not pay Plaintiff A some of the wages, bonuses, and retirement allowances from July 2012 to February 14, 2013.
The details of the Defendant’s delayed payment of wages, bonuses, and the payment of the said wages are as stated in the attached Table A’s overdue wages, etc., and the retirement allowances not paid by the Defendant are 32,331,140 won.
C. On February 10, 1992, Plaintiff B joined the Defendant and retired from the Defendant on February 20, 2014. The Defendant did not pay Plaintiff B the remainder of the period after the interim adjustment of retirement pay from August 201 to February 2014, 2011, the annual salary from February 5, 2003, and the interim adjustment of retirement pay from February 5, 2003.
The details of the Defendant’s delayed payment of wages, annual allowances, retirement allowances, and the payment of the said wages are as shown in the attached Table B’s overdue wages.
The Plaintiffs did not report their claims on the overdue wages, etc. claimed by the instant lawsuit in the instant rehabilitation procedure.
E. Meanwhile, on June 5, 2014, the Plaintiffs asserted against the Defendant that the Defendant delayed payment of the Plaintiffs’ wages, retirement allowances, etc., however, they did not confirm the Defendant’s violation of the law.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 8, Eul evidence Nos. 1 and 4, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiffs were employed by the Defendant and worked as an employee.