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(영문) 서울중앙지방법원 2016.05.31 2014가단5336139
임금
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. (1) The Defendant was decided to commence rehabilitation procedures on June 18, 2013 in Seoul Central District Court 2013 Gohap91.

(2) On November 18, 2013, the rehabilitation court appointed Plaintiff B as a joint manager with remuneration of KRW 42 million per annum and KRW 60 million per annum on January 23, 2014.

On July 10, 2013, the representative director F of the legal administrator under the law of the first rehabilitation procedure entered into a contract with the plaintiff A as an officer in charge of restructuring (CRO) with the amount of KRW 2 million monthly remuneration, and the plaintiff A worked from that time.

(3) The Plaintiff, including allowances, food expenses, etc., received KRW 2.5 million per month for the Plaintiff A, KRW 3.7 million per month for the Plaintiff B, and KRW 5.2 million per month for the Plaintiff C.

(4) The Plaintiffs were paid the amount of remuneration on December 2013, but did not receive any subsequent remuneration.

In addition, Plaintiff B was not paid KRW 525,550 for the year-end tax settlement in 2013, and Plaintiff C was not paid KRW 725,520 for the year-end tax settlement in 2013.

(5) On March 25, 2014, the rehabilitation court rendered a decision to discontinue the first rehabilitation procedure, which became final and conclusive on April 25, 2014.

B. (1) On July 28, 2014, the Defendant again received a decision on commencing the rehabilitation procedure (the “second rehabilitation procedure”) and the representative E deemed the custodian in the case of the decision on commencing the rehabilitation procedure (the “second rehabilitation procedure”) and the second rehabilitation procedure.

(2) On January 13, 2015, when the instant lawsuit against the custodian E was pending, the rehabilitation plan was approved on January 13, 2015, and the rehabilitation procedure was completed on May 8, 2015, and the Defendant taken over the instant litigation procedure from the custodian E.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, purport of the whole pleadings

2. The parties' assertion

A. The remuneration of Plaintiffs B and C is the custodian’s remuneration and falls under Article 179(1)4 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).

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