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(영문) 창원지방법원 2019.10.10 2019가단106692

체당금

Text

1. The Defendant’s KRW 127,117,350 for the Plaintiff and KRW 6% per annum from October 31, 2016 to February 27, 2019.

Reasons

1. Facts of recognition;

A. Under the Wage Claim Guarantee Act, the Plaintiff directly pays the overdue wages, etc. to the workers and subrogated the workers’ rights to the employers, and is entrusted by the Minister of Labor (which was changed to the Minister of Employment and Labor).

B. The defendant is a person who runs a trade name "C" in Kimhae-si B, and 33 workers, such as D, were not paid wages as his/her workplace is difficult to manage.

C. The above workers claimed a substitute payment under the Wage Claim Guarantee Act for the unpaid wages, and the Plaintiff paid the said workers total of KRW 127,117,350 for substitute payments corresponding to the unpaid wages for the last three months until October 31, 2016, pursuant to Article 7 of the Wage Claim Guarantee Act.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. According to the facts seen earlier, the Plaintiff who paid the substitute payment to the above employee can subrogate the right to claim the unpaid wage against the Defendant, who is the above business owner, to the extent of the amount paid. Therefore, the Defendant is liable to pay the Plaintiff the substitute payment amounting to KRW 127,117,350, and delay damages.

The defendant asserts to the effect that it is difficult for the plaintiff to accept the plaintiff's claim because he is declared bankrupt and he is granted immunity. However, the plaintiff's claim of this case is exercised by subrogation of wage claims for workers who are not exempted from the duty of payment even if he is granted immunity in the bankruptcy procedure. Thus, the defendant's argument

Therefore, as the Plaintiff seeks, the Defendant’s aforementioned KRW 127,117,350 as well as the aforementioned substitute payment payment payment date from October 31, 2016 to February 27, 2019, the delivery date of the original copy of the instant payment order, and the promotion of litigation, etc. from February 28, 2019 to May 31, 2019.