A. The Plaintiff is a government-invested institution that performs the duty of subrogation on the part of the Minister of Employment and Labor to pay unpaid wages under the Wage Claim Guarantee Act and the vicarious exercise of the right to claim wages.

B. The Defendant operated a convalescent hospital (hereinafter “instant hospital”) with the trade name of C/C convalescent in Daegu-guned Group B, and was virtually closed on May 20, 2014.

However, when 101 workers, such as D, who worked for the hospital at the time filed a claim on subrogation payment of overdue wages and retirement allowances under the Wage Claim Guarantee Act, the Plaintiff paid 397,298,300 won on behalf of them as part of the wages and retirement allowances for the last three months from December 5, 2014 to May 12, 2015.

C. According to Article 8 of the Wage Claim Guarantee Act, when the Minister of Employment and Labor has paid a substitute payment to an employee, the right of the employee to claim the unpaid wages, etc. to the relevant employer may be subrogated to the extent of the amount paid. The defendant does not pay the wages and retirement allowances paid by the plaintiff to the present day.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of subrogated payment of KRW 397,298,300 and damages for delay calculated at the rate of 6% per annum under the Commercial Act from May 12, 2015 to June 28, 2016, which is the delivery date of the written complaint from May 12, 2015, which is the delivery date of the written complaint to the Plaintiff, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date

2. Grounds for recognition: Article 208 (1) 3 of the Civil Procedure Act.