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(영문) 의정부지방법원고양지원 2015.09.11 2015가단6831
임금 등
Text

1. Of the instant lawsuit, each of the corresponding amounts stated in the claim amount column for each Plaintiff’s claim amount column is identical.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence No. 1, the plaintiffs are the employees employed by Bosti Co., Ltd., who provided labor as listed below, but did not receive retirement allowances and wages. Meanwhile, the above company was declared bankrupt on March 10, 2015 by Jung-gu District Court Decision 2015Ha101, and the defendant is recognized to have been appointed as the trustee in bankruptcy.

A According to the facts of recognition as above, the defendant is obligated to pay the unpaid wages and retirement allowances to the plaintiffs.

On the other hand, the trustee in bankruptcy is obligated to pay wages, retirement allowances, and accident compensation to employees who are claims for the duties of foundations at any time after the bankruptcy is declared. Thus, the worker's right to claim damages arising from delay in the performance of such obligations after the bankruptcy is declared constitutes estate claims that accrue from the act that the bankruptcy trustee performed with respect to the bankrupt estate provided for in Article 473

(2) The Defendant is obligated to pay the Plaintiffs damages for delay of 20% per annum as stipulated in the Labor Standards Act from April 1, 2015 to the date of the declaration of bankruptcy regarding the above wages and retirement allowances (see, e.g., Supreme Court Decision 2013Da64908, Nov. 20, 2014). Therefore, the Defendant is obligated to pay the Plaintiffs damages for delay of 20% per annum as stipulated in the Labor Standards Act from April 1, 2015 to

Therefore, the part of the plaintiffs' claim for damages for delay calculated at the rate of 20% per annum until March 31, 2015 among the lawsuits in this case is dismissed as unlawful, and the remainder of the claims are cited for reasons.

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