1. The Defendant’s KRW 74,579,661 as well as 5% per annum from June 7, 2019 to December 3, 2019 to the Plaintiff.

1. Facts of recognition;

A. The Plaintiff was employed by a medical corporation B (hereinafter “B”) and retired from office after serving from March 1, 2001 to May 24, 2019.

B. At the time of retirement, the Plaintiff did not receive 74,579,661 won in total as wages and retirement allowances from B.

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.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 and 2 (including each number), 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 undergoing rehabilitation procedures.” According to the above facts, the Defendant, who is a custodian B, is obligated to pay the Plaintiff the total amount of wages and retirement allowances of KRW 74,579,661.

B. Since a partial custodian is obligated to pay wages, etc. of workers who are public-interest claims at any time after the commencement of the rehabilitation procedure, the employee’s claim for damages arising from delay in the performance of the above obligation after the commencement of the rehabilitation procedure constitutes “the claim arising from the act performed by the custodian with respect to the debtor’s business and property” under Article 179 subparag. 5 of the

(See Supreme Court en banc Decision 2013Da64908 Decided November 20, 2014). Therefore, a custodian is obliged to pay damages for delay on wages, etc., without resorting to rehabilitation procedures.

However, with respect to whether the defendant is liable to pay damages for delay at 20% per annum, in principle, the employer shall pay all or part of the wages and retirement allowances within 14 days from the date on which the cause for payment occurred.