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(영문) 창원지방법원밀양지원 2020.02.12 2019가단13454
임금
Text

1. Of the instant lawsuit, the part of the Plaintiff (Appointed Party)’s claim for damages for delay from May 15, 2019 to July 2, 2019.

Reasons

1. Indication of claims: To be as specified in attached Form 1;

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. The worker's right to claim damages that accrue from delay in performing the obligation to repay workers' wages, etc. before the commencement of rehabilitation procedures is decided by the debtor, which is "property claims created by the cause before the commencement of rehabilitation procedures for the debtor," and are rehabilitation claims because they do not constitute public-interest claims under Article 179 of the Debtor Rehabilitation and Bankruptcy Act, and rehabilitation creditors are prohibited from exercising their rights

However, the part on the claim for damages for delay by July 2, 2019 is unlawful, since the Changwon District Court Decision 2019 Ma10042 decided July 2, 2019 rendered a decision to commence the rehabilitation procedure for the corporation B.

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