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1. Of the instant lawsuit, the part claiming damages for delay from July 13, 2017 to February 8, 2018 shall be dismissed.
2. The defendant.
Reasons
1. The fact of recognition was found that the Plaintiff served in B Co., Ltd. (hereinafter “B”) from June 3, 1996 to July 12, 2017, but the Plaintiff did not receive KRW 187,978,361 in total, and KRW 128,865,721 in retirement pay from December 1, 2016 to retirement pay 59,112,640 in total, and KRW 128,865,721 in retirement pay from December 1, 2016 and KRW 128,978,361 in the rehabilitation case filed by B as the Incheon District Court Decision 2017, Incheon District Court Decision 2017No50 and did not appoint a manager as of February 8, 2018, the fact that the Defendant deemed the representative director of the debtor B as a custodian does not conflict between the parties, or that it can be recognized by adding the overall purport of pleadings in each of the evidence
2. Ex officio determination of the Plaintiff’s claim on the part of the claim for partial damages for delay from July 13, 2017 to February 8, 2018 as to the claim for damages for delay from July 13, 2017 to KRW 187,978,361 on the part of the claim for partial damages for delay is examined ex officio. The employee’s claim for damages arising from delay in performing the obligor’s obligation to pay wages, etc. before the commencement of rehabilitation procedures constitutes “property claim arising from the cause prior to the commencement of rehabilitation procedures (Article 118 of the Debtor Rehabilitation and Bankruptcy Act)” and can be exercised only
Therefore, the part of the instant lawsuit claiming damages for delay from July 13, 2017 to February 8, 2018 is unlawful.
3. According to the facts of the judgment on the merits, the defendant is obligated to pay to the plaintiff 187,978,361 won of unpaid wages and retirement allowances and delay damages calculated at each rate of 6% per annum as stipulated in the Commercial Act and 15% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment, which is the date of the judgment of this case that it is reasonable for the defendant to dispute on the existence of obligation or the scope of obligation for payment.
4. Conclusion: From July 13, 2017 to February 8, 2018, among the instant lawsuits.