1. Of the instant lawsuit, the part claiming damages for delay from April 15, 2017 to September 18, 2018 shall be dismissed.

2. The defendant.

1. Facts of recognition;

A. The Plaintiff was employed by the Plaintiff Company B (hereinafter “B”), and retired from office after working from April 11, 201 to March 31, 2017.

B. At the time of retirement of the Plaintiff, the Plaintiff was not paid KRW 47,050,701 as wages and retirement allowances.

C. On September 18, 2018, B received a decision on commencing rehabilitation procedures between Seoul Rehabilitation Court 2018 and 10012, and the Defendant was appointed as a custodian on the same day.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the defendant is obligated to pay the plaintiff wages and retirement allowances of KRW 47,050,701 and delay damages.

B. On January 16, 2019, the Defendant obtained a decision to authorize the rehabilitation plan from the Seoul Rehabilitation Court, and the Plaintiff’s claim is included in the rehabilitation plan. Thus, the instant lawsuit asserts that there is no benefit of lawsuit.

On the other hand, Article 179(1)10 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) provides for “worker’s wage, retirement allowance, and accident compensation” as one of public-interest claims. Article 180(1) of the same Act provides that “public-interest claims shall be repaid at any time without undergoing rehabilitation procedures.” Thus, the custodian is obligated to pay the Plaintiff’s wage, etc. without undergoing rehabilitation procedures, and the above assertion by the Defendant is without merit.

C. With respect to delay damages incurred prior to the commencement of the first rehabilitation procedure, ex officio on the legitimacy of the lawsuit, the Plaintiff’s claim for delay damages falls under the Plaintiff’s claim for damages arising from delay of payment obligations, such as wages, before the commencement of the rehabilitation procedure, and constitutes “property claim arising before the commencement of the rehabilitation procedure against the obligor” and is included in the rehabilitation claim pursuant to Article 118 subparag. 1 of the Debtor Rehabilitation Act.