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1. As to the Plaintiff’s KRW 37,582,880 and KRW 15,516,603 among them, Defendant C shall be from July 4, 2018, KRW 12,191,617.
Reasons
1. Basic facts
A. G Co., Ltd (former trade name: H Co., Ltd.; hereinafter referred to as “debtor”) received an application for commencing rehabilitation procedures on July 13, 2018 on October 31, 2018 (2018 Gohap10039) and was appointed as joint managers by I and Defendant C.
The debtor received the rehabilitation plan approval decision on April 22, 2019 and the rehabilitation procedure termination decision on June 3, 2019, respectively.
B. On May 15, 2019, in order to take charge of the debtor's litigation management according to the above rehabilitation plan approval, A Co., Ltd. (hereinafter "newly incorporated company") was established by division from the debtor, and the plaintiff, who is the representative of the newly incorporated company, is deemed the manager of the newly incorporated company.
C. On July 4, 2018, the debtor held a board of directors on the disposition of the proceeds from the sale of inventory assets and decided to pay the proceeds from the sale of inventory assets in preference to the payment of accrued wages and retirement allowances. According to the resolution, the debtor paid KRW 784,996,382, including the defendants, as the amount of unpaid wages and retirement allowances of 68 employees
The above board of directors attended only the representative director and the defendants who are inside directors, and among the above KRW 784,996,382, the amount paid to the defendants as wages shall be as follows:
C F K E LD M
D. Defendant C, on December 2, 2009, was appointed as the representative director of the debtor and retired on December 2, 2012, but was reappointed on March 25, 2013.
Defendant D was appointed as an internal director of the debtor on October 30, 2013, and retired on October 30, 2016, but was reappointed as an internal director on December 22, 2016 and resigned on July 5, 2018.
Defendant E joined as a debtor’s production worker on April 10, 1987 and was appointed as a debtor’s internal director on the same day after retirement on August 22, 2016.
around 1987, Defendant F was employed as a debtor's functional member and was appointed as the debtor's internal director on March 30, 2016 and resigned on November 30, 2018.
【Ground of Recognition】 1 to 5 evidence, 2 and 5 (including each number).