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(영문) 서울중앙지방법원 2015.12.17 2015가합532271
청구이의
Text

1. The defendant's decision is based on the Seoul Central District Court Decision 2008Gahap18289 Decided November 27, 2008.

Reasons

1. Basic facts

A. The defendant is a person who joined the plaintiff from April 2, 1990 and worked from June 2, 200 to November 2004 and submitted a written resignation. The plaintiff is a juristic person that carries out cord blood bank business, organization suitability test, precision technology research and development business, etc.

B. On February 27, 2008, the defendant filed a lawsuit to nullify the dismissal with the Seoul Central District Court 2008Gahap18289 on the ground that the above resignation against the plaintiff constitutes the dismissal of the plaintiff, and on November 27, 2008, the above court confirmed that the dismissal made by the plaintiff against the defendant is null and void. The plaintiff confirmed that the dismissal made by the plaintiff against the defendant is null and void. The plaintiff paid to the defendant 20% interest per annum from March 5, 2008 to the day of full payment, and paid the amount at the rate of 4,643,139 won per annum from March 3, 2008 to the day of full payment (hereinafter "the previous judgment of this case"). The previous judgment of this case became final and conclusive on December 27, 2008 (hereinafter referred to as "the previous judgment of this case").

C. On November 18, 2013, the Plaintiff filed an application for commencing rehabilitation procedures with the Seoul Central District Court 2013 Gohap248, and received a decision on commencing rehabilitation procedures from the same court on December 16, 2013.

On December 31, 2013, the Defendant calculated wage claims based on the previous judgment of this case as KRW 533,742,514 and reported them as rehabilitation claims. The Plaintiff raised an objection against KRW 120,073,792, excluding KRW 413,668,72, out of the above claims.

E. On February 13, 2014, the Defendant filed an application with the Seoul Central District Court for the confirmation of rehabilitation claim against the Plaintiff to the effect that “the Defendant’s rehabilitation claim against the Plaintiff is KRW 533,742,514,” and the aforementioned judgment in the final judgment in claim allowance was rendered to the effect that “The Defendant’s rehabilitation claim against the Plaintiff is confirmed as KRW 19,362,550,00 in addition to the amount already confirmed (413,68,772, as the legal administrator did not raise any objection within the inspection period)” in the above final judgment in claim allowance proceedings.

The plaintiff and the defendant have no objection to the above decision of recommending reconciliation.

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