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(영문) 서울중앙지방법원 2017.11.14 2016나68023
임금 등
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the amount of payment order shall be revoked.

Reasons

1. Basic facts

A. 1) Defendant Company was established on July 20, 202 for the purpose of the development of game and recreation, distribution and service business, etc. (2) Plaintiff A joined the Defendant Company on January 10, 2005, and worked for the Defendant Company on January 10, 2005. From March 27, 2009 to July 18, 2014, the Defendant Company was registered as an internal director on the corporate register of the Defendant Company, and was performing its duties as the head of the Development Technology Headquarters and resigned.

Plaintiff

B served as a member of the Defendant Company on June 1, 2006. From March 27, 2009 to July 31, 2014, the Defendant Company was registered as an internal director on the corporate register of the Defendant Company and then resigned on August 21, 2014.

B. 1) On October 25, 2013, the Defendant Company filed an application for rehabilitation with the Seoul Central District Court 2013 Ma218, and the said court rendered a decision to commence rehabilitation procedures on November 15, 2013. (2) As to the rehabilitation plan submitted by the administrator of the Defendant Company under the said rehabilitation procedures (hereinafter “instant rehabilitation procedures”), the said court rendered the rehabilitation plan approval order on October 7, 2014.

On November 28, 2014, the above court decided to terminate rehabilitation procedures with respect to the defendant company.

Plaintiff

A On May 5, 2013, May 5, 2013, 5,640, 270, 270, 285, 185, 140, 1270, 120, 5,516, 840, 940 August 5, 2013, 2013, 5,629,850, 629, 629, 850, 850, 850 on April 1, 2014; 196, 4761, 953, 953, 216, 2842, 805, 206, 864, 636, 664, 765, 20686, 806, 684, 206, 667, 2064, 765664, 2767

C. 1) Under the above approved rehabilitation plan, the employees’ benefits and retirement allowances of the Defendant Company were stated as public-interest claims. Among them, the sum of the Plaintiff’s benefits is KRW 22,986,853, and the sum of the Plaintiff’s benefits is KRW 41,843,377. The specific details are as follows. (unit: unit) Under the rehabilitation procedure in this case, the custodian of the Defendant Company paid the Plaintiff KRW 9,42,920, the aggregate of the unpaid benefits from June 12, 2013 to August 201, 2013, the Plaintiffs were retired, and the Plaintiff’s benefits are paid to B from April 2, 2013 to October 2013.

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