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(영문) 울산지방법원 2018.11.22 2017가합22892
퇴직금 및 사해행위 취소
Text

1. Of the instant lawsuit, the part of each claim against the Defendants by the Appointed F is dismissed.

2. Defendant B Co., Ltd.

Reasons

1. Basic facts

A. On December 7, 2004, Defendant C established I (hereinafter “I”) a company engaged in the vessel processing business, etc., and operated the said company as the representative director.

By December 2010, the above company was a subcontractor in the company of Hyundai Heavy Industries and was actually suspended from its business around January 201.

B. In addition, on December 7, 2010, Defendant C established Defendant B, a company engaged in a vessel processing business, etc., and operated Defendant B as the representative director.

From October 2016, Defendant B was a subcontractor in the company of Hyundai Heavy Industries Co., Ltd., but continued management difficulties and closed on November 1, 2016.

C. Of the Plaintiff, the Plaintiff, etc., the Plaintiff, etc., served in I from the respective date indicated in the “the date of entry” column in the “amount claimed by the Plaintiff, etc.,” and the Plaintiff, etc., and served in I until Defendant B closes down from Defendant B after I’s closure.

The remaining designated parties are workers from the date of entry to the closure of Defendant B from the date of each entry. D.

However, after the closure of Defendant B’s business, Defendant C embezzled the funds of Defendant B on February 14, 2018 and did not pay retirement allowances to Defendant B’s employees, the facts charged were charged as a violation of the Act on the Guarantee of Occupational Embezzlement and Workers’ Retirement Benefits.

In the first instance court on August 16, 2018, the court held that the Defendant C embezzled the Defendant C’s funds from around January 10, 2011 to November 1, 2016 without paying 37,670,780 won in total, national health insurance premium, long-term care insurance premium, national pension premium, etc., which was withheld from the Plaintiff et al. to the Corporation, and embezzled by using it at will as corporate expenses, etc.

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