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1. The Defendant’s KRW 23,434,310 as well as 6% per annum from January 20, 2014 to January 7, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. On January 6, 2014, the Defendant was found to have been bankrupt, etc. by the head of the Ministry of Employment and Labor around January 6, 2014, while running business, such as the manufacture and sales business of the 385-ro 128, 385, 300, 385, 128, 300, 300,000,000,000.
B. Around January 20, 2014, the Plaintiff paid KRW 23,434,310 to three (3) employees, including A, who are workers in the workplace of the Defendant, with the total amount of the wages for the last three months and the part of the retirement allowances for three (3) years under the Wage Claim Guarantee Act, which is entrusted by the Minister of Employment and Labor to pay part of the wages and retirement allowances on behalf of the employer.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the above findings of determination, the Plaintiff, who paid substitute payment of KRW 23,434,310 on behalf of the Defendant, on behalf of the Defendant, subrogated to the Defendant’s right to claim unpaid wages, etc. within the scope of the amount paid pursuant to Article 8(1) of the Wage Claim Guarantee Act. As such, the Defendant is obliged to pay to the Plaintiff damages for delay calculated at the rate of 23,434,310 per annum under the Commercial Act from January 20, 2014, the delivery date of payment order, to January 7, 2015, the delivery date of payment order, and 6% per annum under the same Act from the next day to the day of full payment, to the day of full payment.
3. If so, the plaintiff's claim of this case is justified and it is so decided as per Disposition.