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1. The defendant was modified to the plaintiffs listed in the separate sheet No. 1 in the annexed sheet No. 2 of the plaintiff's claim amount table.
Reasons
1. Facts of recognition;
A. Before bankruptcy, A Co., Ltd. (hereinafter “Before bankruptcy”) is a corporation that runs the business of manufacturing and distributing mobile phone music programs. On September 5, 2016, the Seoul Central District Court was declared bankrupt (2016Hahap100186), and on the same day, the Defendant was appointed as a trustee in bankruptcy.
B. The Plaintiffs were not paid wages (including allowances and refunds) and retirement allowances equivalent to the amount stated in the “total amount of delayed payment” column of the attached Table 3 as they were employed by the company prior to bankruptcy during the period of service and retired from office while serving in the company prior to bankruptcy.
[Ground of recognition] Facts without dispute, Gap 1-1, 2, 3, the purport of the whole pleadings
2. Determination
A. As seen earlier, the Plaintiffs’ failure to receive the amount stated in the “total amount of delayed payment” in the attached Table 3 “the total amount of delayed payment by Plaintiff” is recognized. The Plaintiffs received substitute payment equivalent to the amount indicated in the “amount of substitute payment” in the attached Table 2 “the Plaintiff’s claim amount table” around October 10, 2016.
B. Therefore, the defendant is obligated to pay to the plaintiffs the amount of the above "total amount of delayed payment" in each wage and retirement allowance equivalent to the amount stated in the "amount of the substitute payment" after deducting the amount stated in the "amount of the claim" column in attached Form 2, and to pay damages for delay calculated at an annual rate of 15% per annum as stipulated in the Civil Act from September 6, 2016 to December 15, 2016, the day following the date the bankruptcy of the company prior to the bankruptcy of the plaintiff, which the plaintiff seeks with respect to each of the above amounts, as well as from September 6, 2016, which is clearly recorded that the delivery date of a copy of the claim and the application for modification of the cause of the claim in this case, and from the following day to the date of full payment
C. As to this, the defendant asserts that the claim of this case should be dismissed since the bankruptcy procedure against the company prior to bankruptcy is in progress, the claim of this case should also be dealt with in the above procedure.
However, the debtor;