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(영문) 인천지방법원 2019.12.18 2019가단27634
퇴직금
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1. Of the instant lawsuit, the part claiming damages for delay from January 15, 2018 to June 18, 2019 shall be dismissed.

2. The defendant.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts;

3. The workers' right to claim damages that accrue from delay in the fulfillment of the workers' obligation to repay wages, etc. before the commencement of rehabilitation procedures is decided may be exercised only by the rehabilitation procedures, according to the "property claim that accrues before the commencement of rehabilitation procedures" (Article 118 of the Debtor Rehabilitation and Bankruptcy Act).

C A. On June 18, 2019, upon receipt of a decision to commence rehabilitation proceedings from the Seoul Rehabilitation Court (2019 Gohap1010), the Defendant was deemed the administrator. Of the instant lawsuit, the part of the claim for damages for delay from January 15, 2018 to June 18, 2019 is unlawful and thus dismissed.

4. According to Article 37(2) of the Labor Standards Act, Article 18 subparag. 1 of the Enforcement Decree of the same Act, and Article 7(1)1 of the Wage Claim Guarantee Act, where a decision to commence rehabilitation proceedings is made pursuant to the Debtor Rehabilitation and Bankruptcy Act, 20% interest of 10% per annum on unpaid wages and retirement allowances shall not apply to unpaid wages and retirement allowances.

Therefore, the part of the claim for damages for delay after June 19, 2019, which exceeds the scope recognized in Paragraph 2 of the order (the amount calculated by the rate of 6% per annum under the Commercial Act from June 19, 2019 to October 23, 2019, the delivery date of a copy of the complaint in this case, which is the day following the commencement date of rehabilitation procedures, and the rate of 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment) is dismissed.

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