임금
1. The Defendant’s KRW 60,408,840 as well as the Plaintiff’s annual rate of 5% from April 28, 2004 to July 6, 2015, and the following.
1. The following facts are deemed to have been led by the Defendant under Article 150(3) and (1) of the Civil Procedure Act:
A. B discontinued and discontinued the business on December 4, 2003 in the name of “D” from March 1, 1998 through “D”, which was in operation of the automobile parts manufacturing enterprise.
B was unable to pay wages and retirement allowances of KRW 67,493,760 in total to workers E and 15 (hereinafter referred to as “E, etc.”) of the above company.
B. The Plaintiff performs the duty of paying part of wages, retirement allowances, etc. on behalf of the employer in accordance with the entrustment of work by the Minister of Employment and Labor on the basis of the Wage Claim Guarantee Act, and exercises in subrogation the right to claim against the relevant substitute payment.
C. E, etc. claimed payment of wages and retirement allowances that were not received from B to the Minister of Employment and Labor, and accordingly, the Plaintiff paid totaling KRW 60,408,840 to the above E, etc. on April 27, 2004.
The plaintiff filed with the Daegu District Court No. 2005Guj19131 against B a claim for reimbursement for the amount equivalent to the above substitute payment, and the payment order issued on July 22, 2005 by the above court became final and conclusive on August 31, 2005.
E. The Plaintiff filed an application for a payment order against B seeking the same amount as indicated in the payment order indicated in paragraph (d) with the Daegu District Court 2015 tea3124, for the purpose of extending the prescription, following the lapse of the extinctive prescription of the claim based on the payment order finalized as above, but filed an application for lawsuit on April 7, 2015 when the original copy of the payment order was impossible to serve.
F. B had already died before the filing date of the payment order as described in subparagraph (e).
on June 3, 2008, F, G, the spouse of B, G, and H were tried to waive inheritance as the Family Branch of the Daegu District Court Decision 2008Ra1271 on June 3, 2008.
The defendant is the only lineal ascendant who is alive B.
2. According to the above facts of determination, the defendant who succeeded to the deceased B shall be entitled to the plaintiff 60,408 of the above amount of reimbursement.