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(영문) 전주지방법원 2016.09.27 2015가단32013

임금

Text

1. The Defendant’s KRW 78,344,180 among the Plaintiff and KRW 63,739,430 among the Plaintiff and KRW 8,128,350 from January 10, 2014.

Reasons

1. Determination as to the cause of claim

(a) The facts under the recognition may be found either in dispute between the parties or in addition to the whole purport of the pleadings in each entry in Gap evidence 1 to 3.

1) The Plaintiff is a corporation that performs a business entrusted by the Minister of Employment and Labor to perform part of the unpaid wages and retirement allowances on behalf of the employer in accordance with the Wage Claim Guarantee Act. 2) The Defendant was recognized as bankrupt, etc. on November 11, 2013 by the chief executive officer of the Gwangju Regional Employment and Labor Agency on behalf of the employer.

3) The Plaintiff, with the Defendant’s 10 employees B, etc.’s 10th three-month wages and retirement allowances for the final three-month period, paid KRW 63,739,430 on January 9, 2014; KRW 8,128,350 on January 14, 2014; KRW 78,34,180 on April 10, 2014; and KRW 78,34,180 on April 6, 2014. The details of payment of substitute payments are as indicated in the attached list. However, according to the above findings, the Plaintiff is entitled to file a claim for unpaid wages, etc. with the Defendant within the scope of 15th day after the date following the 20th day of the instant lawsuit under Article 8(1) of the Wage Claim Guarantee Act, and the Defendant is obligated to pay KRW 78,344,180 on June 14, 2015, respectively, to the Plaintiff’s 2015th day following the date of the lawsuit.