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(영문) 인천지방법원 2016.08.24 2016가단213922
임금
Text

1. The Defendant’s KRW 40,218,320 as well as 6% per annum from May 13, 2015 to March 20, 2016 to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. Comprehensively taking account of each of the statements in subparagraphs A and 4, the Defendant’s operation of the business with the trade name “B” and actually discontinued the business on May 8, 2014; the Plaintiff sent a copy of the report on the current status of judicial bankruptcy with respect to the Defendant’s workplace on February 25, 2015; the Plaintiff, who is entrusted with the business by the Minister of Employment and Labor and Labor, pays five employees of the Defendant’s workplace, such as C, with the total amount of KRW 44,175,320, which corresponds to the wages for the last three months and the amount of part of the retirement allowances for three years; and the Plaintiff received KRW 3,957,000 from the public sale of a motor vehicle owned by the Defendant on December 27, 2015.

B. Therefore, the Plaintiff is liable to pay the Plaintiff the remaining amount of the substitute payment, etc. (=44,175, 320-3, 957,00) and the delay damages therefrom, barring any special circumstance, barring any special circumstance.

2. The Defendant, without any special explanation in the written objection against the instant payment order, submitted a ruling of bankruptcy immunity granted by the Defendant to the Incheon District Court 2014 Ma280, without a special explanation, and responded to the purport that all the Plaintiff’s claims are recognized by attending the date of pleading of the instant case.

Along with the purport of the Defendant’s objection against the payment order is also exempted from the Plaintiff’s claim due to the above decision on immunity, the case of the employee’s wage, retirement allowance, and accident compensation constitutes an estate claim under Article 473 subparag. 10 of the Debtor Rehabilitation and Bankruptcy Act.

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