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(영문) 부산지방법원 2018.07.13 2017가단35447
임금 등
Text

1. The Defendants jointly and severally committed against Plaintiff A with respect to KRW 14,389,03, and KRW 21,108,069 and each of the said money to Plaintiff B.

Reasons

1. The facts under the basis of the facts are deemed to have been led by Defendant E pursuant to Article 150 of the Civil Procedure Act, and there is no dispute between the Plaintiffs and Defendant C C C C C Co., Ltd.

The Plaintiffs were employed by C Co., Ltd. (hereinafter referred to as “Nonindicted Company”) and provided with labor and received wages as follows:

1) Plaintiff A’s work period: 14,389,033 won for overdue wages and retirement allowances from March 17, 2015 to September 28, 2017 (i.e., wages of KRW 2,263,340 for retirement allowances of KRW 12,125,693) for Plaintiff B’s work period: 21,108,069 won for overdue wages and retirement allowances from February 20 to September 28, 2017 (i.e., wages of KRW 2,423,190 for retirement allowances of KRW 18,684,879)

B. On September 28, 2017, Nonparty Company agreed to pay the above overdue wages and retirement allowances to the Plaintiffs by October 31, 2017, and Defendant E jointly and severally guaranteed the above debt of Nonparty Company.

C. Meanwhile, on December 21, 2017, the non-party company filed an application for commencement of rehabilitation with the Incheon District Court 2017 Mahap50, and on February 8, 2018, the said court rendered a decision of deciding commencement of rehabilitation proceedings with respect to the non-party company on February 8, 2018 while the instant lawsuit is pending, as well as a decision of designating D as the representative director of the non-party company without appointing a separate administrator under Article 74(3) and (4) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Bankruptcy Act”).

After that, on March 6, 2018, the plaintiffs took over the litigation procedure of the non-party company as the above deemed administrator D took over the non-party company's request for succession.

2. According to the above facts of determination, the Defendants jointly and severally paid the Plaintiff A KRW 14,389,03, and KRW 21,108,069 and each of the above payments to the Plaintiff B, 14 days after the date on which the grounds for payment arose, and after the date following the delivery of a copy of the complaint of this case, the date following the date on which the rehabilitation decision of the non-party company for which the Plaintiffs seek is rendered is the day after the delivery of the copy of the complaint of this case.

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