1. The defendant shall pay to the plaintiff KRW 11,817,894.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Facts of recognition

A. From November 7, 2012 to February 19, 2017, the Plaintiff served as a worker of B Co., Ltd. (hereinafter “B”).

At the time of retirement, the Plaintiff was not paid the wages of 12,461,757 won, retirement allowances of 18,816,903 won.

B. On February 13, 2018, the Plaintiff received KRW 9,000,00 as a substitute payment from the Korea Labor Welfare Corporation on February 13, 2018, and ② on March 20, 2018, the Plaintiff received KRW 6,291,338 (the total amount of the Plaintiff’s income tax and resident tax) as a lump sum payment early termination of the retirement pension from the corporate bank on March 20, 2018, and received KRW 4,169,428 in the case of a compulsory auction by real estate, such as the Suwon District Court Ansan Branch E, etc.

C. On the other hand, on September 28, 2017, B received a decision to commence rehabilitation procedures as Seoul Rehabilitation Court 2017 Ma10158, and C, the representative director of which, was deemed the custodian. On the other hand, B was determined to discontinue rehabilitation procedures on May 15, 2018 when the instant lawsuit is pending.

After July 5, 2018, B had been decided to commence the rehabilitation procedure again as Seoul Rehabilitation Court 2018 Ma10107, and D had been appointed as a custodian.

Accordingly, the receiver D of the debtor B took over the lawsuit of this case.

[Based on the facts that there is no dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 3, and the purport of the whole pleadings, barring any other special circumstances, the defendant is obligated to pay to the plaintiff a total of 11,817,894 won as the total amount of unpaid wages and retirement allowances (i.e., wages of 12,461,757 won - 9,816,903 won - 9,000 won - 6,291,38 won - 4,169,428 won)

(The plaintiff's claim exceeding the above scope of recognition is without merit). Accordingly, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claims are dismissed as there is no reason, and the proviso of Article 98 and Article 101 of the Civil Procedure Act shall apply to the burden of litigation costs.