The defendant was running a construction business in 26-5, Jung-gu, Seoul, China, but was bankrupt without paying wages and retirement allowances to workers due to business deterioration.

The Plaintiff, upon being entrusted by the Minister of Employment and Labor, paid KRW 2,495,961,050, which is the sum of the Defendant’s wages for the last three months from March 17, 2011 to April 12, 2012 and the three-year retirement allowances, to the employees A, etc., to perform the business of paying part of wages and retirement allowances on behalf of the employer under the Wage Claim Guarantee Act.

On December 6, 2011, the Defendant was declared bankrupt by the Seoul Central District Court [201Hahap163 (2010 Gohap129)], and was decided to discontinue the bankruptcy by the above court on January 23, 2015.

The Plaintiff received KRW 1,845,057,110 out of the amount paid to the Defendant’s employees on behalf of the Defendant in bankruptcy proceedings against the Defendant as estate claims.

[Reasons for Recognition] In light of the above fact-finding, Gap evidence Nos. 1 and 2, and the court's determination as to the ground for a claim as a whole, the plaintiff subrogates the right of workers to claim unpaid wages, etc. against the defendant within the scope of the amount paid under Article 8 (1) of the Wage Claim Guarantee Act.

Therefore, the defendant's 650,903,940 won (2,495,961,050 won - 1,845,057,110 won) and 260,852,490 won among the plaintiff's claims as to the plaintiff's 260,852,490 won from July 12, 201, the payment date of substitute payments, 26,70,000 won from August 3, 201, 223,482,00 won from September 8, 201, 7,80,000 won from the day following the above 20.10,13,823,823,810 won from the above 20.4,201, from the above 20.5, from the above 20.25, from the above 201, from the above 201, from the 14,810 won from the above 20.5.21.2