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(영문) 대구지방법원서부지원 2016.12.27 2016가단58137

구상금

Text

1. The Defendant’s KRW 44,259,253 and KRW 24,326,00 among the Plaintiff’s KRW 20% per annum from February 17, 2010 to September 30, 2015.

Reasons

1. According to the Wage Claim Guarantee Act, the Plaintiff received an order to pay 24,526,00 won to 14 workers of the company operated by the Defendant on Nov. 12, 2004 as part of the unpaid wages for the last three months. The Plaintiff, on Jun. 5, 2006, by exercising the workers’ right to pay wages on behalf of the Plaintiff, “the Defendant shall pay 24,526,000 won to the Plaintiff and 20% interest per annum from Nov. 12, 2004 to Jun. 19, 2006; “The Defendant shall pay to the Plaintiff 24,526,000 won per annum from the next day to the day of full payment; and the payment order became final and conclusive on Jul. 4, 2006; the Plaintiff shall not collect the principal from each of the parties concerned; and the Plaintiff shall not be able to bring the dispute to the entire parties concerned; and the Plaintiff shall not recover the principal from each of the parties concerned on Feb. 16, 2016, 2000.

The Plaintiff claimed for the payment of KRW 19,933,255 as damages for delay until the date appropriating 200,000 won. However, the damages for delay until the date appropriating 24,526,00 won shall be the sum of KRW 1,965,439 calculated at the rate of 5% per annum from November 12, 2004 to June 19, 2006 (=24,526,00 won ¡¿ 0.05 x 0.05 x (120 days/365 days; hereinafter referred to as "cost") x 17,967,814 [=24,526,00 won] calculated at the rate of 20% per annum from June 20, 2006 to February 16, 2010 x 363,2539 days x 2935 days

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 44,259,253 (i.e., the principal amount of KRW 24,326,00 for delay damages of KRW 19,93,253) and damages for delay calculated at the rate of 20% per annum from February 17, 2010 to September 30, 2015 pursuant to the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the next day after appropriation for the principal amount of KRW 24,326,00 for delay damages of KRW 24,326,253 for delay damages after appropriation for the principal amount of KRW 24,326,00 for the principal amount of KRW 24,326,00 for the principal

2. The defendant's assertion asserts that the defendant was declared bankrupt and exempted from immunity.