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(영문) 창원지방법원 2018.07.04 2017구합51974
도산등사실인정취소처분등취소
Text

1. Of the instant lawsuit, the part of the claim for the cancellation of the disposition of unlawful receipt of substitute payment as of May 17, 2017 shall be dismissed.

2...

Reasons

1. Details of the disposition;

A. The Plaintiffs are workers of Company B (hereinafter “B”), which is substantially operated by Company B (hereinafter “B”), and as the liabilities of Company B were accumulated, the Plaintiffs resolved the payment of wages through a substitute payment by making a false report on closure of business, and offered Company E (hereinafter “E”) to change only the name of the company and to continue the same business. Accordingly, upon reporting the closure of business on April 1, 2015, the Plaintiffs retired from B.

B. On April 24, 2015, Plaintiff D filed an application for recognition of bankruptcy, etc. (hereinafter “instant application”) with the Defendant based on Article 7 of the Wage Claim Guarantee Act and Article 5 of the Enforcement Decree of the Wage Claim Guarantee Act, on the ground that the Plaintiffs did not receive wages and retirement allowances from Plaintiff D.

C. On May 26, 2015, the Defendant accepted the instant application and recognized the fact of bankruptcy, etc. that B is not capable of paying unpaid wages, etc. on the same day, and notified the Korea Labor Welfare Corporation of the said contents.

Accordingly, during the period from June 10, 2015 to August 20, 2015, the Korea Workers' Compensation and Welfare Service paid the Plaintiffs totaling KRW 479,987,960 as shown in attached Table 2.

On the other hand, on April 12, 2017, the Changwon District Prosecutors' Office notified the Defendant of the fact that, in collusion with Plaintiff D, F, G, and A, B was not subject to recognition of bankruptcy, etc., substitute payment of KRW 55,427,510 for another person was unjustly received and prosecuted.

E. On April 21, 2017, the Defendant issued a disposition to revoke the recognition of bankruptcy, etc. on the ground that “the instant application was filed by false or fraudulent means while the instant application was continued by changing only the trade name B, which was closed in disguised manner, to E,” and notified the remaining Plaintiffs of the revocation of the recognition of bankruptcy, etc. on April 24, 2017 and April 27, 2017.

(f) On May 21, 2017, the Korea Workers’ Compensation and Welfare Service (hereinafter “First Disposition”).

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