1. Of the instant lawsuit, the part of the claim for damages for delay by December 23, 2019 shall be dismissed, respectively.

2. The defendant is against the plaintiffs.

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment without holding any pleadings under the applicable law (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act);

3. The part of dismissal ex officio concerning the legitimacy of this part of the lawsuit, and the worker's right to claim damages arising from delay in performing the obligation to repay workers' wages, etc. before the commencement of the rehabilitation procedure is "the debtor's property right [Article 118 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter "the Debtor Rehabilitation Act")] which occurred before the commencement of the rehabilitation procedure." The rehabilitation claim is not a priority claim under Article 179 of the Debtor Rehabilitation and Bankruptcy Act, and the rehabilitation creditor is not entitled to exercise the claim unless the rehabilitation procedure is initiated.

Therefore, the part of the plaintiffs' claim for damages for delay that occurred from the 14th day following the retirement day of the plaintiffs' retirement day to December 23, 2019, which is the date of the commencement decision of rehabilitation of I Co., Ltd., the date of the commencement decision of rehabilitation should be exercised according to the rehabilitation procedure. Thus, the plaintiffs' claim for this part

4. The partial dismissal of a custodian is obligated to pay wages, etc. of workers who are public-interest claims at any time after the commencement of the rehabilitation procedure. Thus, the employee’s right to claim damages arising from delay in the performance of such obligation after the commencement of the rehabilitation procedure falls under “the claim arising from the act performed by the custodian in relation to the debtor’s business and property” under Article 179 subparag. 5

(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 wages and retirement allowances in whole or in part.