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1. The Defendant’s KRW 26,165,028 as well as the Plaintiff’s KRW 5% per annum from April 15, 2012 to December 11, 2014.
Reasons
1. Determination as to the cause of claim
A. From March 1, 2010 to June 30, 2011, the Plaintiff asserted that he/she had been employed by Nonparty B Co., Ltd. (hereinafter “Nonindicted Company”) or Nonparty Co., Ltd. and provided labor to Nonparty Co., Ltd. and Nonparty Co., Ltd. after succession of employment relationship. The Plaintiff’s husband, who is the husband, provided labor to Nonparty Co., Ltd or D from November 1, 2006 to March 31, 2012.
However, during the above period of employment, the Plaintiff was not paid KRW 6 million ( March, 201, April, and May) and retirement allowances of KRW 2,639,169 during the above period of employment, and E was not paid KRW 61,910,00 and retirement allowances of KRW 18,758,690. Since E was dead on August 7, 2013, the Plaintiff inherited the above wage and retirement allowances claims through an agreement on division of inherited property, the Defendant, who is the bankruptcy trustee of the non-party company, is obligated to pay the Plaintiff the remainder after deducting the Plaintiff’s substitute payment from the Plaintiff’s wage and retirement allowances of the Plaintiff and E (Plaintiffs 7,762,680, E12,600, 600,000) and damages for delay.
B. The Plaintiff had been employed by the non-party company for 242 days from November 1, 2010 to June 30, 201, and provided labor for 200,000 won per month. 2) The Plaintiff had been employed by the non-party company for 3.5 million won per month for 397 days from March 1, 2011 to March 31, 2012.
3) The Plaintiff’s husband died on August 7, 2013. The Plaintiff, as the co-inheritors of E, succeeded to the claim for wages and retirement allowances for the non-party company of E by way of an agreement on division of inherited property with F, G, and other co-inheritors. 4) The Plaintiff was paid from the non-party company all the remainder of the above period of employment, excluding March, April, and May, 201, and E was paid from the non-party company for August, 201, while E was paid from the non-party company for the said period of employment.
5 The non-party company was declared bankrupt on February 11, 2014 by the Ulsan District Court 2014Hahap2, and the defendant is the non-party company.