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(영문) 서울중앙지방법원 2016.04.07 2015가단5388427
임금
Text

1. The Defendant’s KRW 92,822,057 as well as the Plaintiff’s annual rate of KRW 6% from September 17, 2015 to January 6, 2016.

Reasons

1. The Plaintiff’s judgment on the cause of the claim was made without receiving KRW 101,822,057, including retirement allowances of KRW 84,898,307 and annual salary of KRW 13,926,810, and annual salary of KRW 2,99,96,940, and the Defendant was appointed as a joint manager of the company in the above rehabilitation procedure, and the Plaintiff appropriated the payment of unpaid retirement allowances, wages, and annual allowances of KRW 9 million as substitute payments of the unpaid retirement allowances, annual allowances, and annual allowances, from January 1, 1993 to September 16, 2015.

Unless there exist special circumstances, the Defendant is obligated to pay the Plaintiff delayed wages and retirement allowances (i.e., 92,822,057 won - substitute payment - substitute payment 9,000,000 won) and damages for delay calculated at each rate of 15% per annum under the Commercial Act from September 17, 2015 to January 6, 2016 on the record that it is clear that it is the delivery date of a copy of the complaint in this case from September 17, 2015 to January 6, 2016, and that it is clear that it is the delivery date of a copy of the complaint in this case.

2. Judgment on the defendant's assertion

A. First, since the Defendant is unable to pay the wages and retirement allowances to the retired employee due to the progress of corporate rehabilitation procedures, financial standing, etc., the Defendant asserts that damages for delay under the Commercial Act or the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings against the said unpaid wages and retirement allowances are unjustifiable, so this case is examined, Articles 37(1) and (2) of the Labor Standards Act, Articles 17 and 18 subparag. 1 of the Enforcement Decree of the same Act

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