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1.The judgment of the first instance shall be modified as follows:
Of the instant lawsuits, from July 15, 2015 to May 4, 2017.
Reasons
1. Basic facts
A. From November 29, 201 to June 30, 2014, the Plaintiff provided labor under employment in promotionme for a stock company (hereinafter “promotionmeme”) and retired from office. However, the Plaintiff was not paid KRW 12,623,140 in total, including wages and retirement allowances, from promotionme.
B. On May 4, 2017, promotionme was declared bankrupt by Busan District Court 2016Hahap1031, and the Defendant was appointed as a trustee in bankruptcy of promotionme.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 6, the purport of the whole pleadings
2. Ex officio determination on principal safety
(a) When the debtor is declared bankrupt, all assets held by the debtor at the time that the debtor is declared bankrupt belong to the bankruptcy estate, and the right to manage and dispose of the bankruptcy estate shall be exclusive of the trustee in bankruptcy, and any bankruptcy creditor who holds any property claim arising before the debtor is declared bankrupt is prohibited from voluntary repayment of the debtor and the exercise of individual claims by the creditor, in principle, and the distribution shall be made by fairly converting the debtor's assets by the trustee in bankruptcy
In addition, in cases where a debtor's property claim is in a state of default before the bankruptcy is declared, the claim that occurred before the bankruptcy is declared among the claims for damages and the penalty, but the claim that occurred after the declaration of bankruptcy is subordinate bankruptcy claim after the repayment order is higher than other bankruptcy claims.
However, the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) provides that a trustee in bankruptcy shall repay any estate claim at any time without resorting to any bankruptcy procedure and shall repay the estate claim in preference to any bankruptcy claim (Articles 475 and 476). The debtor’s “wages, retirement allowances, and accident compensation (hereinafter “wages, etc.”).”