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1. Of the instant lawsuits, the part claiming damages for delay from January 21, 2018 to February 8, 2018, concerning KRW 70,423,227, among the instant lawsuits.
Reasons
1. Facts of recognition;
A. The Plaintiff served in B Co., Ltd. (hereinafter “B”) from March 20, 206 to January 20, 2018, but did not receive KRW 31,689,00 as wages from September 1, 2017 to retirement allowances and KRW 56,734,227 in total.
Upon filing an application for substitute payment, the Plaintiff received KRW 18,000,000 from the Korea Labor Welfare Corporation around March 2018.
B. B withheld income tax of KRW 1,355,390 from the Plaintiff’s wage in 2017 and KRW 135,470 from local income tax, but as a result of year-end settlement, the Plaintiff’s tax amount was determined as KRW 772,694 from income tax and KRW 77,269 from local income tax, and was refunded 640,890 [=( KRW 1,355,390)-( KRW 135,470) ( KRW 772,694 KRW 77,269)].
C. Meanwhile, in the rehabilitation case filed by B as Incheon District Court 2017 Ma50, the above court considered the Defendant, the representative director of the rehabilitation debtor B, as the custodian, because B did not appoint a manager upon the decision to commence rehabilitation procedures on February 8, 2018.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings
2. Ex officio determination of the Plaintiff’s claim for damages for delay from January 21, 2018 to February 8, 2018 on the part of the Plaintiff’s claim for damages for delay as to the legitimacy of the lawsuit on the part of the claim for partial damages for delay: (a) ex officio examining ex officio the part concerning the claim for damages for delay from January 21, 2018 to February 8, 2018; and (b) workers’ claim for damages arising from delay in performing the obligor’s obligation to pay wages, etc. to workers before the commencement of the rehabilitation procedure constitutes “property claim arising from the cause before the commencement of the rehabilitation procedure”
Therefore, the part on the claim for damages for delay from January 21, 2018 to February 8, 2018 concerning KRW 70,423,227 among the instant lawsuit is unlawful.
3. According to the facts found in Paragraph 1, the defendant's wages and retirement allowances payable to the plaintiff 71.