1. Of the instant lawsuit, the part of the claim for damages for delay by April 25, 2019 shall be dismissed.

2. The defendant shall make 35,191 to the plaintiff.

1. Facts of recognition;

A. The Plaintiff was employed by a medical corporation B (hereinafter “B”) and retired from office after serving from May 1, 2012 to January 17, 2019.

B. At the time of retirement, the Plaintiff was not paid KRW 35,191,021 in total as wages and retirement allowances from B.

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] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. Determination on the cause of the claim

A. Article 179 subparag. 10 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) provides for “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 following the rehabilitation procedure.” According to the above facts, the Defendant, a custodian B, is obligated to pay to the Plaintiff the sum of the principal amount of wages and retirement allowances.

B. On April 25, 2019, the damages for delay portion 1) as to the legitimacy of the lawsuit on this part ex officio by the date on which the commencement of rehabilitation proceedings is commenced, and as to the obligor’s claim for damages arising from delay in the performance of the obligation to pay wages, etc. to the employee before the commencement of rehabilitation proceedings, Article 118 of the Debtor Rehabilitation Act is “Article 118 of the Debtor Rehabilitation Act” against the obligor, which does not constitute a priority claim under Article 179 of the Debtor Rehabilitation Act, and the rehabilitation creditor is prohibited from exercising the claim without going through rehabilitation proceedings.

Therefore, the part of the Plaintiff’s claim for damages for delay incurred from February 1, 2019 to April 25, 2019, which is the date of the commencement decision of rehabilitation in B from February 1, 2019, shall be exercised according to the rehabilitation procedure. Therefore, this part of the Plaintiff’s claim shall be exercised.