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1. The part of the plaintiffs' claim for damages for delay by February 8, 2018, among the plaintiffs' lawsuits in this case, shall be dismissed.
2. The defendant.
Reasons
1. Facts of recognition;
A. Plaintiff A provided labor to D Co., Ltd. (hereinafter “D”) from September 15, 2014 to December 5, 2016; Plaintiff B from March 2, 2010 to March 22, 2017; Plaintiff C provided labor to D Co., Ltd from March 27, 2013 to April 30, 2017.
B. Although Plaintiff A did not receive the total of KRW 53,501,80 and KRW 11,063,177 for retirement allowances, the total of KRW 29,234,687 for 29,330,290 for retirement allowances. Plaintiff B did not receive KRW 32,047,842 for retirement allowances. Plaintiff C did not receive KRW 48,743,560 for retirement allowances and KRW 27,565,492 for retirement allowances. Plaintiff C did not receive KRW 76,309,052 for retirement allowances.
C. In the rehabilitation case filed by D as the Incheon District Court 2017 Ma50, the above court considered D as a custodian because D’s representative director was not appointed upon the decision to commence rehabilitation procedures on February 8, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. On February 8, 2018, the Plaintiffs’ ex officio determination as to whether the part on the claim for partial damages for delay is legitimate is examined as to the claim for damages for delay by February 8, 2018.
The workers' right to claim damages that arise from delay in the fulfillment of the obligation to repay wages, etc. of workers before the commencement of rehabilitation procedures is decided may be exercised only by the rehabilitation procedures, by falling under the rehabilitation claim under the "property claim that accrues before the commencement of rehabilitation procedures" (Article 118 of the Debtor Rehabilitation and Bankruptcy Act).
Therefore, the part of the plaintiffs' claim for damages for delay until February 8, 2018 among the lawsuits in this case is unlawful.
3. According to the above findings of the determination on the merits, the Defendant sought from the Plaintiff for the amount of unpaid wages and retirement allowances 24,30,290 won, retirement allowances 32,047,842 won, unpaid wages and retirement allowances 76,309,052 won and each of the above amounts from February 9, 2018 to August 22, 2018.