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1. The Defendant is 5% per annum from August 21, 2018 to September 27, 2019 with respect to each of the Plaintiffs’ KRW 171,65,390 and each of the said money.
Reasons
1. Basic facts
A. The status of the parties, Plaintiff A (FF) and Plaintiff B (G) are children and successors of the network H (hereinafter “the deceased”), and C Co., Ltd. (hereinafter “C”) is a company whose primary purpose is to produce and sell electronic equipment and electronic parts, and operates the first factory in Nam-gu Incheon Metropolitan City I, and the second factory in the same Gu J.
B. On December 11, 2017, the Deceased due to fire concluded a labor contract with K, a collaborative company of C, and the first factory of the above case with the purport to receive monthly salary of KRW 1,850,000. From around that time, the deceased worked at the above first factory factory 4 restaurant. On August 21, 2018, around 15:36, the deceased died due to a fire in the upper corridor of the fourth cafeteria (hereinafter “instant fire”).
C. C’s rehabilitation proceeding progress 1) On May 2, 2016, upon filing an application for commencement of rehabilitation proceedings with the Incheon District Court on May 2, 2016, and on May 24, 2016, the rehabilitation procedure (hereinafter “instant rehabilitation procedure”).
(2) C received a decision to authorize a rehabilitation plan on January 9, 2017.
3) In the instant rehabilitation procedure, the Incheon District Court appointed E as a custodian of C on November 22, 2018, and the custodian of C took over the instant legal procedure on April 22, 2019. D. Relevant criminal case judgment 1) The D, manufacturing directors L, equipment M, staff M, N,O, etc. (hereinafter “D, etc.”) who were the manager of C was indicted on charges of occupational injury, etc. in relation to the death of the deceased, etc. due to the instant fire.
2. On April 30, 2019, the Incheon District Court found that nine persons, including the Deceased, died by neglecting the duty of care to prevent the occurrence of a fire, by thoroughly maintaining and repairing the building of the first factory, which was jointly conducted by D, etc. on April 30, 2019, and found the above facts charged guilty, and one year for D.