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(영문) 수원지방법원안산지원 2020.01.22 2019가단72864

임금

Text

1. The Defendant’s KRW 54,813,670 as well as its annual 6% from March 15, 2017 to November 5, 2019, and the following.

Reasons

According to the purport of each of the evidence evidence Nos. 1 and 2 and the whole arguments, the defendant did not pay wages and retirement allowances to workers E, etc. while operating E in Ansan-si building B, and “D,” the above workers filed a claim with the Minister of Employment and Labor pursuant to the Wage Claim Guarantee Act. The plaintiff entrusted by the Minister of Employment and Labor to the above workers on behalf of the defendant for payment of overdue wages and retirement allowances to the above workers of KRW 54,813,670 in total by paying the above workers of KRW 11,175,010 on October 27, 2016 in accordance with the Wage Claim Guarantee Act and the retirement allowances for the last three years. < Amended by Presidential Decree No. 28100, Jan. 16, 2017; Presidential Decree No. 28100, Oct. 11, 2016; Presidential Decree No. 28060, Mar. 1, 2017>

According to the above facts, the Plaintiff may subrogate the Plaintiff’s right to claim the unpaid wages, etc. to the Defendant, who is the employer, within the limit of substitute payment made by the Plaintiff to the employees. As such, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 54,813,670 per annum under the Commercial Act from March 15, 2017, which is the last payment date of substitute payment, until November 5, 2019, as the Plaintiff seeks from March 15, 2017 to November 5, 2019, a copy of the application for the instant payment order, and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from

Therefore, the claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.