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(영문) 울산지방법원 2016.08.09 2015가단27087
임금 등
Text

1. The defendant shall make each of the money recorded in the claim column of the annexed sheet and each of the aforementioned money to the plaintiff (appointed party) and each of the designated parties.

Reasons

1. The Plaintiff (Appointed Party) and each of the appointed parties (hereinafter “Plaintiffs, etc.”) were employed by the Defendant to provide labor during each service period indicated in the attached Table, and retired from office. The Defendant did not pay the Plaintiff, etc. wages, retirement allowances, annual allowances, etc. equivalent to the claim amount of the attached Table as of the closing date of pleadings.

[Reasons for Recognition] Gap evidence Nos. 1-1 to 18, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the defendant is obligated to pay to the plaintiff et al. damages for delay calculated at the rate of 20% per annum as provided in the Labor Standards Act from the 14th day after the date on which the cause for payment occurred to the plaintiff et al. as to each of the above amounts in the claim amount column of the attached sheet to the day of full payment.

B. The Defendant asserts to the effect that the amount of income tax and earned income tax, out of the amount claimed by the Plaintiff, etc., the Defendant is obligated to pay the above amount to the tax office as the Defendant reported to the competent tax office after withholding at source (hereinafter “claim”), and that the amount should be repaid according to the repayment plan as it falls under the rehabilitation claim (hereinafter “Second Claim”), and that it should be deducted.

C. First, we examine the defendant's argument ②

On April 20, 2016, before receiving a decision to commence rehabilitation procedures from the Ulsan District Court on September 14, 2015 (Ulsan District Court 2015 Ma520), the Defendant may recognize the facts entered in the corporate register on May 12, 2016, following the decision to discontinue rehabilitation procedures, which became final and conclusive on April 20, 2016, before obtaining a decision to authorize the repayment plan (Ulsan District Court 2015 Mahap520).

When rehabilitation procedures are completed following the decision to discontinue rehabilitation procedures, the authority of the custodian shall be extinguished, and the authority to manage and dispose of the property of the debtor shall be the debtor.

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