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1. Of the instant lawsuits, KRW 2,686,823 to the Plaintiff (Appointed Party) and KRW 2,689,942 to the Appointed E and these.
Reasons
1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in Gap evidence 1 (including additional numbers) together with the overall purport of the pleadings.
From January 3, 2012 to December 31, 2018, Plaintiff (Appointed Party; hereinafter “Plaintiff”) retired while serving for each of the bankruptcy debtor B (hereinafter “B”) from August 1, 2012 to December 31, 2018.
B. B did not pay the Plaintiff’s retirement allowance of KRW 14,522,500, and retirement allowance of KRW 14,753,367 as the appointed Party E, and received a decision of commencement of rehabilitation among the Seoul Rehabilitation Court 2019 Gohap10029 on April 12, 2019, upon which the Defendant was declared bankrupt on July 4, 2019, and the Defendant was appointed as the bankruptcy trustee.
C. On June 7, 2019, the Plaintiff and the Selected E received KRW 7,800,000 from each of the above retirement allowances as substitute payment.
2. Judgment on the plaintiff's claim
A. According to the above facts, the Defendant is obligated to pay the Plaintiff 6,722,500 won (i.e., 14,522,500 won - 7,800,000 won), 6,953,367 won (i.e., 14,753,367 won - 7,800,000 won) to the Selection, and damages for delay at the rate of 12% per annum from July 5, 2019 to the day of full payment, which is the day following the day when the copy of the instant complaint was served (as of July 2, 2019), barring special circumstances.
B. The Plaintiff additionally claims for the payment of damages for delay at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 5, 2019 to the date of full payment, which is the date following the declaration of bankruptcy of B, with interest for delay at the rate of 10% per annum from the 14th day after the date of each retirement of KRW 14,522,50 as above, and KRW 14,753,367 as well as interest for delay at the rate of 2,686,823 won for the Plaintiff, and KRW 2,689,942 for the Selection E (the amount stated in the business owner’s confirmation letter, such as the overdue wages at the end of May 3, 2019).