1. Of the instant lawsuits, the sum of KRW 58,656,980 per annum from February 5, 2014 to the date of full payment shall be 20% per annum.

Basic Facts

On March 6, 2003, the Plaintiff joined a stock company B (hereinafter referred to as “B”) and was working as the chief of the management department, and retired on February 1, 2014, and was not paid a total of KRW 58,656,980 [the monthly salary of KRW 40,770,000 for 11 months from March 201 to January 2014].

B was declared bankrupt on July 18, 2014 by Seoul Central District Court 2014Hahap74, and the defendant was appointed as bankruptcy trustee on the same day.

[Grounds for recognition] Gap 1, Eul 1, and 2 shall be the purport of the whole pleadings and arguments.

As to the cause of the claim, the Plaintiff shall claim against the Defendant the payment of unpaid wages and retirement allowances of KRW 58,656,980 and damages for delay calculated by applying the rate of 20% per annum from February 5, 2014 to the date of full payment under the Labor Standards Act, which is the day following the lapse of the grace period under the Labor Standards Act.

According to Article 473 subparagraph 10 of the Debtor Rehabilitation and Bankruptcy Act, since the debtor's wage and retirement allowance are estate claims, the defendant must pay the above estate claims at any time without resorting to bankruptcy procedures pursuant to Article 475 of the same Act.

Therefore, the defendant is obligated to pay the above wages and retirement allowances to the plaintiff KRW 58,656,980.

In this regard, the defendant asserts that the financial resources of the current bankruptcy foundation are insufficient to repay all estate claims, and therefore, the defendant is only obligated to pay only the amount divided to other estate creditors. However, the amount of the plaintiff's claim per se is not reduced due to the lack of financial resources of the bankruptcy foundation. Thus, the reason for the defendant's assertion cannot be the reason for refusing the plaintiff's claim.

Therefore, the defendant's argument cannot be accepted.

The plaintiff asserts that damages for delay against the above 58,656,980 won constitute estate claims, and thus, it can file a lawsuit for performance. However, Article 423 of the same Act has arisen before the debtor is declared bankrupt.