1. Of the instant lawsuit, the part of the claim for damages for delay by April 25, 2019 shall be dismissed.

2. The defendant shall make the plaintiff 35,680.

1. Facts of recognition;

A. The Plaintiff was employed by a medical corporation B (hereinafter “B”) and retired from office on August 17, 2009 through December 28, 2018.

B. At the time of retirement, the Plaintiff did not receive the total of KRW 35,680,417 from B as wages and retirement allowances.

C. B was decided on April 25, 2019 by Seoul Rehabilitation Court 2019 Gohap10015, and the Defendant was appointed as a custodian on the same day.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. Determination on the cause of the claim

A. Article 179 subparag. 10 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) provides for “worker’s wage, retirement allowance, and accident compensation” as a priority claim, and Article 180(1) of the same Act provides that “public-interest claims shall be repaid from time to time without following the rehabilitation procedure.” According to the above facts, the Defendant, a custodian B, is obligated to pay to the Plaintiff the sum of the principal amount of wages and retirement allowances.

B. On April 25, 2019, the damages for delay portion 1) as to the legitimacy of the lawsuit on this part ex officio by the date on which the commencement of rehabilitation proceedings is commenced, and as to the obligor’s claim for damages arising from delay in the performance of the obligation to pay wages, etc. to the employee before the commencement of rehabilitation proceedings, Article 118 of the Debtor Rehabilitation Act is “Article 118 of the Debtor Rehabilitation Act” against the obligor, which does not constitute a priority claim under Article 179 of the Debtor Rehabilitation Act, and the rehabilitation creditor is prohibited from exercising the claim without going through rehabilitation proceedings.

Therefore, the part claiming damages for delay that occurred from the day after the original copy of the instant payment order was served until April 25, 2019, which is the date of the commencement decision of rehabilitation B, shall be exercised according to rehabilitation procedures. Thus, the plaintiff's claim for this part shall be made.