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(영문) 서울고등법원 2015.10.02 2015나2014448
임금
Text

1.Paragraph 1 of the text of the judgment of the court of first instance is amended as follows:

Of the instant lawsuits, from April 18, 2014 to February 16, 2015.

Reasons

1. The reasoning for the judgment of this court in this part is the same as the corresponding part of the reasoning of the judgment of the court of first instance, except where “the defendant” is deemed to be “the debtor in bankruptcy,” and thus, it is cited by the main text of Article 420 of the Civil Procedure Act.

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.”) constitute estate claims regardless of whether the time of occurrence is before or after the declaration of bankruptcy (Article 473 subparag. 10), and the “claim arising from the act performed by the trustee in bankruptcy with respect to the bankruptcy estate” also constitutes estate claims.

(No. 4 of the same article). The trustee in bankruptcy with respect to the above bankruptcy estate.

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