beta
(영문) 서울중앙지방법원 2019.10.23 2018가단5191891

구상금

Text

1. As to the Plaintiff KRW 49,478,930 and KRW 3,00,00 among them, the Defendant shall pay to the Plaintiff KRW 2,486,550 from June 29, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is an institution that performs duties, such as paying part of wages and retirement allowances, which the Defendant, a business owner, has not paid to his/her employees under Article 7 of the Wage Claim Guarantee Act.

B. The Defendant failed to pay wages and retirement allowances to seven persons, including D, who are his/her employees, following the bankruptcy of the company due to business deterioration.

C. Accordingly, the Plaintiff paid 49,478,930 won in total for the last three months’ wages and retirement allowances on behalf of the Defendant as indicated in the following table.

3,00,000 3,00,000 E on July 22, 2016.2, 2016.22, 486,50 F 2,486,50 on August 17, 2016. 2, 2016. 3,00,00,00 for wages paid in delay on June 29, 2016; and 2,488,68,190 G G 2,493,002,493,000, 207,8202,756,180,000,000,000,000 or 2,000,000 or 2,000,00 or 3,000,000 or more of the total amount of wages paid in delay on the date of workers’ payment / [the 3,003,3030,1304,0848

2. Determination

A. According to the above facts finding as to the cause of the claim, the Plaintiff may subrogate the right of workers to claim unpaid wages, etc. to the Defendant within the scope of the amount paid under Article 8(1) of the Wage Claim Guarantee Act. As such, the Defendant may deliver to the Plaintiff KRW 49,478,930 in total and KRW 3,00 in total and KRW 3,00 in delay from each payment date, i.e., damages for delay from June 29, 2016 to June 29, 2016, KRW 2,486,50 in total, from July 22, 2016 to KRW 2,68,190 in total, KRW 2,493,00 in total, KRW 30 in total and KRW 49,478,00 in total and KRW 3,00 in total and KRW 3,00 in total, KRW 81 in this case from the day following August 17, 2016 to the date of the lawsuit.