1. Of the instant lawsuit, the part of the claim for damages for delay by April 24, 2018 shall be dismissed.

2. The defendant.

1. Facts of recognition;

A. The Plaintiff and the designated parties (hereinafter collectively referred to as “Plaintiffs, etc.”) provided their labor under employment in B (hereinafter “B”) for each period indicated in the service period column of the attached Table.

B. The plaintiff et al. was not paid retirement allowances corresponding to each amount stated in the claim column of the attached Table.

C. In the rehabilitation case filed by B as the Incheon District Court 2018 Joint9, the said court rendered a decision to commence rehabilitation proceedings on April 24, 2018 and did not appoint a custodian separately, and thus, the Defendant, the representative director of B, was deemed the custodian.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. As to the claim for damages for delay by April 24, 2018, an ex officio determination as to the legitimacy of the lawsuit on the part of the claim for damages for delay is made.

The workers' right to claim damages that arise from delay in the fulfillment of the obligation to repay wages, etc. of workers before the commencement of rehabilitation procedures is decided may be exercised only by the rehabilitation procedures, by falling under the rehabilitation claim under the "property claim that accrues before the commencement of rehabilitation procedures" (Article 118 of the Debtor Rehabilitation and Bankruptcy Act).

Therefore, the part of the instant lawsuit claiming damages for delay until April 24, 2018 is unlawful.

3. According to the facts of the judgment on the merits, the Defendant is obligated to pay the Plaintiff, etc., with retirement pay, 6% per annum as stipulated in the Commercial Act from April 25, 2018 to September 5, 2018, which is the date of this judgment, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

According to Article 37(2) of the Labor Standards Act, Article 18 subparag. 1 of the Enforcement Decree of the same Act, and Article 7(1)1 of the Wage Claim Guarantee Act, where it is decided to commence rehabilitation procedures under the Debtor Rehabilitation Act.