구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Facts of recognition;
A. The Plaintiff is a government-invested institution entrusted by the Minister of Employment and Labor under Articles 7 and 27 of the Wage Claim Guarantee Act, and where an employer falls under the causes prescribed by the Presidential Decree, such as bankruptcy, etc., if the retired worker claims the payment of the unpaid wages and retirement allowances on behalf of the employer, the Plaintiff is a government-funded institution that performs the duty to subrogate the employer to claim wages and retirement allowances of the employee within the limits
B. From December 199 to Busan Seo-gu, a business registration was made and operated with the trade name of "Del" in Seo-gu, Busan. On July 25, 2013, the defendant was detained as a crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the Busan District Court declared the bankruptcy against the above B on September 16, 2013.
(2013Haak2531) c.
On the other hand, although the DaMoel was closed on December 31, 2013, it continued to be operated until November 14, 2014 even after the closure of its business, and E, which had been working at the Domoto from June 17, 2010 to November 1, 2014, did not receive approximately KRW 17 million in total of wages and retirement allowances from March 2013 to November 2014, and F, who had worked as the calculation cost from March 12, 2012, did not receive approximately KRW 40 million in total of wages and retirement allowances from March 2013 to November 201, 2014.
E and F, when they were unable to receive wages and retirement allowances from DMoel, they obtained the fact-finding from the Busan Regional Employment and Labor Agency in accordance with the Wage Claim Guarantee Act, and applied for the payment of unpaid wages and retirement allowances to the Plaintiff on May 29, 2015, and the Plaintiff paid 10,474,090 won to F as wages and retirement allowances recognized under the Wage Claim Guarantee Act, and 4,531,630 won as wages and retirement allowances to E on July 1, 2015 to F and E.