1. The defendant shall pay to the plaintiff (appointed party), KRW 19,328,556, KRW 7,805,108, and KRW 53,560,737.

1. Facts of recognition;

A. The Plaintiff (Appointed Party), the Appointed Party C, and D are employed by the Large Engineering Co., Ltd. (hereinafter “Large Engineering”) and work.

The retirement was withdrawn.

B. The Plaintiff (Appointed Party) received 34,928,556 won in total as wages and retirement allowances, 15,605,108 won in wages and retirement allowances, 69,160,737 won in total as substitute payment for the Plaintiff (Appointed Party) and 15.6 million won in case of the Appointed Party C, and 15.6 million won in case of the Appointed Party D, respectively.

C. On February 21, 2018, the Seoul Rehabilitation Court Decision 2018 Ma10019 decided to commence rehabilitation, and the Defendant was appointed as the custodian on the same day.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the defendant is obligated to pay the remaining wage and retirement allowance of 19,328,556 won, remaining wage of 7,805,108 won, remaining wage and retirement allowance of 53,560,737 won, and damages for delay of the remaining wage and retirement allowance of 19,328,5555,108 won to Selection C.

B. In response, the defendant asserts that the company upon receipt of a decision on commencing the rehabilitation procedures has no obligation to pay damages for delay pursuant to Article 37(2) of the Labor Standards Act and Article 18 of the Enforcement Decree

On the other hand, the employee’s right to claim damages arising from delay in performing his/her obligation to repay wages, etc. of workers before the commencement of rehabilitation procedures falls under a rehabilitation claim as provided in Article 179 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) and does not fall under a public-interest claim as provided in Article 118 subparag. 1 of the Debtor Rehabilitation and Bankruptcy Act, and any rehabilitation creditor is prohibited from exercising his/her right to claim damages

However, since the custodian bears the duty to pay wages of workers who are public-interest claims at any time, the custodian shall pay wages after the decision is made to commence the rehabilitation procedure.