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(영문) 인천지방법원부천지원 2015.12.23 2015가합102353

임금

Text

1. The Defendant’s KRW 204,335,430 as well as 6% per annum from October 22, 2013 to September 22, 2015 to the Plaintiff.

Reasons

1. Indication of claim;

A. The Plaintiff is a juristic person performing the business, such as paying unpaid wages, etc. on behalf of the employer and subrogated the right to claim unpaid wages, etc. to the employer within the extent of the amount paid (Articles 7, 8, and 27 of the Wage Claim Guarantee Act), where a retired employee upon entrustment of authority by the Minister of Employment and Labor is unable to receive wages, etc. due to the employer’s bankruptcy (Article 7, 8, and 27 of the Wage Claim Guarantee Act), and the Defendant is a juristic person engaging in household parts manufacturing

B. On April 30, 2013, the Defendant discontinued its business due to business deterioration, and the vice president of the Central District Employment and Labor Agency recognized that the Defendant was virtually bankrupt on October 8, 2013 due to the lack of the ability to pay unpaid wages, etc.

C. 24 persons, including A, who are retired workers of the Defendant, filed a claim with the Minister of Employment and Labor for the payment of unpaid wages and retirement allowances. Accordingly, the Plaintiff paid 204,335,430 won in total to 24 persons, including A, etc. on October 22, 2013 as substitute payment on behalf of the Defendant pursuant to Article 7 of the Wage Claim Guarantee Act.

Therefore, within the scope of wages and retirement allowances paid to employees A, etc. under Article 8 of the Wage Claim Guarantee Act, the Plaintiff subrogated to the right of employees A, etc. to claim unpaid wages, etc. against the Defendant. Thus, the Defendant is obligated to pay to the Plaintiff the amount of unpaid wages and retirement allowances, and damages for delay calculated at each rate of 15% per annum under the Commercial Act from October 22, 2013 to September 22, 2015, the date when the original copy of the instant payment order was served on the Defendant, from September 22, 2015, and from the next day to the date when the original copy of the instant payment order was served on the Defendant.

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;