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(영문) 수원지방법원 2020.10.07 2020가단542662
임금
Text

The instant lawsuit is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 29, 2020, the Debtor B Co., Ltd. (hereinafter “debtor B”) filed an application for rehabilitation with the Suwon District Court 2020 Gohap130 on April 29, 202, and received a decision to commence the rehabilitation procedure as the above court on May 28, 2020 (hereinafter “instant decision to commence the rehabilitation procedure”).

B. The lawsuit of this case is the case where the application for the payment order was filed (U.S. District Court 2020 tea 4701). The date on which the original copy of the payment order of this case was delivered to the defendant is June 4, 2020.

C. The Defendant deemed the Plaintiff’s claim 41,395,50 won as the priority claim and repaid KRW 2,849,550,000 with the permission of the rehabilitation court, and decided that the remainder KRW 38,545,950 as the rehabilitation claim.

(hereinafter the above claim 38,545,950 won was referred to as the "claim of this case"). The ground for recognition was without any dispute, Eul-1, 2, 3, significant facts, and the purport of the whole pleadings.

2. The plaintiff's claim of this case is the amount equivalent to the wages of the workers employed by the plaintiff to perform the duty of assembly of mine pumps ordered by the defendant (hereinafter "the workers of this case"), and is not the rehabilitation claim, but the public interest claim under Article 179 (1) 10 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter "Act").

Therefore, the defendant is obligated to pay to the plaintiff the amount stated in the claim.

3. Determination

(a) Any rehabilitation creditor who intends to participate in the rehabilitation procedures pursuant to the Act shall report the rehabilitation claims (Article 148 (1) of the Act), when an objection is raised to the reported rehabilitation claims, all of the objectors may file an application with the court for the final claim inspection judgment (Article 170 (1) of the Act) with the court as other parties, and anyone who is dissatisfied with the judgment may file an objection against the final claim inspection judgment;

(Article 171(1) of the Act: Provided, That where a lawsuit on rehabilitation claims is pending at the time rehabilitation procedures commence, any rehabilitation creditor shall report the rehabilitation claims and raise an objection to the reported rehabilitation claims.

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