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(영문) 대전지방법원천안지원 2015.07.02 2015가단5565
임금 등
Text

1. The defendant,

(a) As from November 28, 2014, the Plaintiff (Appointed Party)’s KRW 7,594,756 and its related thereto:

(b) the selector;

Reasons

1. Comprehensively taking account of the purport of evidence No. 1, the judgment on claim No. 1, a medical corporation, including the purport of the entire pleadings, may recognize that the unpaid wages and retirement allowances of the Plaintiff and the designated medical corporation were the same as those stated in the separate sheet, and that the medical corporation, the Plaintiff (Appointeds), from April 15, 2013 to November 13, 2014; the Selection C, from February 14, 2013 to November 13, 2014; and the Selection, from August 16, 2013 to November 13, 2014. The fact that the unpaid wages and retirement allowances of the medical corporation of the Plaintiff and the designated persons were the same as those of the separate sheet, and the medical corporation, the medical corporation, non-medical corporation, upon receiving a decision from the court to commence the rehabilitation procedure on March 17, 2015 and appointed B as the Defendant’s custodian.

The instant wage, etc. of the Plaintiff (Appointed Party) and the designated parties constitutes a public-interest claim under Article 179(1)10 of the Debtor Rehabilitation and Bankruptcy Act, and thus, the Defendant is obligated to pay the said money to the Plaintiffs, instead of undergoing rehabilitation procedures.

Therefore, according to the above facts, the defendant is obligated to pay to the plaintiff (appointed party) 7,594,756 won in total, the total amount of unpaid wages and retirement allowances, 8,462,899 won in total, 5,688,529 won in total, and 14 days in total to the Selection D, and 20% interest per annum from November 28, 2014 to the date of full payment pursuant to Article 9 of the Guarantee of Workers' Retirement Benefits Act and Article 36 and Article 37 (1) of the Labor Standards Act and Article 9 of the Guarantee of Workers' Retirement Benefits Act.

2. The claims of the plaintiff (appointed party) and the designated parties are with merit. It is so decided as per Disposition by the assent of all participating parties.

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