임금등대위변제금
1. The Defendant’s KRW 113,742,960 for the Plaintiff and 6% per annum from February 6, 2015 to January 21, 2016, and the following.
In fact, the defendant was running business at No. 464 and 1001 (Saz) as the village in Seongbuk-gu, Sungnam-si, and was recognized by the head of the Sung-gu Local Employment and Labor Agency on April 26, 2014.
The Plaintiff, upon being entrusted with duties by the Minister of Employment and Labor, paid 113,742,960 won in total, which is the part of the Defendant’s wages for the last three months and three-year retirement allowances, to 34 workers including A, etc., by February 6, 2015, in performing the business of paying part of wages and retirement allowances on behalf of the employer under the Wage Claim Guarantee Act.
[Reasons for Recognition] Nos. 1 and 2, and the Plaintiff’s determination of the purport of the entire pleadings, on behalf of the Defendant, paid substitute payment of KRW 113,742,960 to workers on behalf of the Defendant. Thus, pursuant to Article 8(1) of the Wage Claim Guarantee Act, workers are entitled to claim unpaid wages, etc. against the Defendant to the extent of the amount paid.
Therefore, the defendant is obligated to pay to the plaintiff 113,742,960 won and damages for delay calculated at the rate of 6% per annum under the Commercial Act from February 6, 2015 to January 21, 2016, the delivery date of a copy of the complaint in this case, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
The plaintiff's conclusion claim is partially accepted.