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(영문) 서울중앙지방법원 2017.01.11 2016가단5275245

임금

Text

1. The Defendant’s KRW 39,911,230 as well as 6% per annum from September 17, 2014 to October 14, 2016 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. According to the statements in Gap evidence Nos. 1 and 2, it is recognized as the same facts as the statement in the reasons for the claim in the attached Form.

B. Therefore, the Defendant is obligated to pay the Plaintiff the sum of the wages paid on behalf of the Plaintiff KRW 39,911,230 as well as damages for delay at the rate of KRW 6% per annum under the Commercial Act from September 17, 2014, which is the date of delivery of the complaint in this case to October 14, 2016, and KRW 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

2. Judgment on the defendant's assertion

A. The Defendant, as Seoul Central District Court 2014Hadan10732, declared bankrupt by the Defendant, and as the above court 2014Ha10732, claimed that the Plaintiff’s claim is unjustifiable.

B. However, Article 566 subparag. 5 of the Debtor Rehabilitation and Bankruptcy Act provides that "worker's wage, retirement allowance, and accident compensation" as non-exempt claims, and the plaintiff acts in subrogation of the worker's wage claim against the defendant based on Article 8 of the Wage Claim Guarantee Act. Thus, the defendant's assertion is without merit.

3. Full acceptance of the Plaintiff’s claim