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1. The Defendant’s KRW 118,276,040 among the Plaintiff and KRW 93,076,040 among the Plaintiff, shall be KRW 25,200,000 from December 27, 2013.
Reasons
1. Determination as to the cause of claim
(a) The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 and 2 and the purport of the entire pleadings:
1) Upon entrustment by the Minister of Employment and Labor pursuant to Articles 7 and 27 of the Wage Claim Guarantee Act, the Plaintiff is a government-invested institution that, if a retired employee claims the Minister of Employment and Labor to pay unpaid wages, etc., the employer shall pay the unpaid wages, etc. to the employee on behalf of the employer and vicariously exercises the right to claim wages and retirement allowances to the employee within the limits of the amount paid. 2) The Defendant is a stock company established on March 18, 2009, which was engaged in the comprehensive repair business of automobiles, automobile remodeling and recycling business, and closed down on April 18, 2013 while engaging in the comprehensive repair business of automobiles, automobile remodeling and recycling business.
3) The employees employed by the Defendant include B, C, D, E, F, G, H, I, J, K, L, M, N, andO (hereinafter collectively referred to as “B, etc.”).
After retirement, the Defendant applied for the payment of unpaid wages and retirement allowances to the Plaintiff as the Defendant did not receive the wages and retirement allowances.
On December 27, 2013, the Plaintiff paid to B KRW 2,740,00, KRW 14,400,00 to C, KRW 15,60,00 to D, KRW 2,917,060 to E, KRW 9,481,220, KRW 2,719,90 to G, KRW 15,60,000 to H, KRW 3,00,000 to I, KRW 3,639,90 to J, KRW 2,639,90, KRW 10,597, KRW 790 to L, KRW 2,40,00, KRW 2,400, KRW 93,076,00 to M, and KRW 2,400, KRW 16,00 to each of the Defendant’s retirement allowances, and paid the total amount to Defendant 16,004,205,2000.
B. According to the above findings of the determination, the Plaintiff paid unpaid wages and retirement allowances on behalf of the Defendant to B, etc., within the limit of the amount paid pursuant to Article 8 of the Wage Claim Guarantee Act.