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(영문) 대전지방법원 2016.11.30 2016가합105040

구상금

Text

1. The Defendant: (a) KRW 364,034,610 for the Plaintiff and KRW 6% per annum from August 11, 2016 to September 1, 2016; and (b) for the Plaintiff.

Reasons

1. Judgment on the plaintiff's claim

A. In addition to the purport of the argument in Gap evidence No. 1, the defendant may recognize the fact that the business was completed on December 31, 2015 without paying wages and retirement allowances to his/her employees; that the Daejeon Regional Employment and Labor Agency notified the plaintiff on July 1, 2016 upon the application of Gap who retired from office as the defendant; and that the plaintiff, who is entrusted the business by the Minister of Employment and Labor to pay part of wages and retirement allowances to the defendant on behalf of the employer under the Wage Claim Guarantee Act, paid the plaintiff a total amount of 364,034,610 won to 68 workers retired from office by providing labor as the defendant on August 11, 2016, with the amount equivalent to the wages of the last 3 months and the amount equivalent to the retirement allowances for 3 years.

B. The Plaintiff’s subrogation of the right to claim wages, etc. payable to the Defendant within the scope of the amount payable pursuant to Article 8(1) of the Wage Claim Guarantee Act. As such, the Defendant is obligated to pay to the Plaintiff the said substitute payment of KRW 364,034,610, and damages for delay at each rate of 6% per annum under the Commercial Act from August 11, 2016 to September 1, 2016, the delivery date of a copy of the complaint in this case, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

2. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.