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. From May 2003, the Defendant was running telecommunications construction business with the trade name “C” in the underground space of Songpa-gu Seoul building from around May 2003, and the management status has deteriorated and discontinued around March 2005.

C. However, the defendant is employed by the defendant at the time.

The plaintiff delayed payment of wages and retirement allowances of 14 workers, including D, who are retired workers. Accordingly, the plaintiff paid 62,640,780 won as substitute payment on behalf of the defendant on June 21, 2005 and 62,640,780 won as substitute payment on June 21, 2005 under the Wage Claim Guarantee Act.

The plaintiff received a payment order from the Seoul Eastern District Court 2006Ra2204 on behalf of the workers following the payment of substitute payment as above. On February 27, 2006, the plaintiff applied for the payment order against the defendant. On June 15, 2005, with respect to the amount of KRW 62,640,780 and KRW 55,240,780 on the amount of KRW 62,640,780 from the above court, from June 15, 2005 to the delivery date of each payment order, 6% per annum from June 21, 2005 to the delivery date of each payment order, and 20% per annum from the next day to the day of full payment. The above payment order was finalized on July 29, 2006.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, 3, 6 through 9, Eul 2, and the purport of the whole pleadings

2. Determination

A. According to the above facts of the determination as to the cause of the claim, the plaintiff may subrogate the defendant who is the business owner to claim the unpaid wages, etc. within the extent of the substitute payment made to workers as above. Thus, the defendant must pay to the plaintiff the above 62,640,780 won and 55,240,780 won from June 15, 2005, which is the substitute payment payment payment date, with respect to the plaintiff from June 15, 2005, and 7,400,000 won from June 21, 2005, which is the substitute payment payment date.