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(영문) 서울중앙지방법원 2015.10.16 2015가단5182155

임금

Text

1. As to the Plaintiff KRW 32,072,590 and KRW 25,772,590 among them, the Defendant shall pay to the Plaintiff KRW 6,30,000 from January 7, 201.

Reasons

1. Determination as to the cause of claim

(a) Facts below the facts of recognition do not conflict between the parties, or may be acknowledged by adding up the whole purport of the pleadings to each entry in Gap evidence 1 to 3.

1) The Plaintiff is a juristic person acting in subrogation of the employer’s right to claim compensation against the employer within the extent of the amount paid, after receiving a business entrustment from the Minister of Employment and Labor and having repaid part of the unpaid wages and retirement allowances on behalf of the employer. 2) The Defendant Company did not pay the employees B, etc. of the Defendant Company totaling KRW 32,072,590 as the management deterioration

3) Under the Wage Claim Guarantee Act, the Plaintiff paid a total of KRW 25,772,590 to the employees B, C, D, and E of the Defendant Company on January 7, 2011. On January 26, 2011, the Plaintiff paid KRW 32,0782,590 in total to the employees F of the Defendant Company on January 26, 201, and paid KRW 32,0782,590 in total. According to the above findings of determination, the Defendant, barring any special circumstance, has the obligation to pay KRW 32,072,590 in total to the Plaintiff and KRW 25,72,590 in substitute payment and KRW 25,590 in total from the day following the said payment date to the 25th day of January 7, 2011, KRW 6,300,000 in total, to the 15th day after the amendment of the Commercial Act, respectively, to the 25th day after January 26, 2015.

Plaintiff

In accordance with the amendment of the provisions of the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the part claiming damages for delay calculated at the rate of 20% per annum from October 1, 2015 shall be made.