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(영문) 인천지방법원부천지원 2016.08.10 2016가단107228
임금
Text

1. The Defendant’s KRW 47,792,090 as well as the Plaintiff’s annual rate of 6% from July 3, 2015 to May 2, 2016, and the following.

Reasons

1. Basic facts

A. The Plaintiff is a government-invested institution that conducts the business to subrogate the right to claim wages, etc. of the relevant worker on behalf of the employer in cases where the employee retired pursuant to the Wage Claim Guarantee Act has not received wages due to a strike, etc. of the employer.

B. On June 18, 2015, the Defendant was running rubber products and plastics manufacturing business under the trade name of “C” on the 3rd floor of the insular and Seocheon-si B building, and was bankrupted on June 18, 2015, and did not pay wages, etc. to its employees.

C. D, etc., working at the Defendant’s workplace, claimed the Minister of Employment and Labor to pay unpaid wages and retirement allowances in accordance with the Wage Claim Act, and accordingly, the Plaintiff, on behalf of the Defendant, paid KRW 47,792,090 as substitute payment to nine workers, including D, etc. on July 3, 2015.

[Reasons for Recognition] Facts without dispute between the parties, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the substitute payment amounting to KRW 47,792,090 paid by the Plaintiff to its employees, and the damages for delay calculated at the rate of 6% per annum as prescribed by the Commercial Act from July 3, 2015, which was served on the Defendant the original copy of the instant payment order, to May 2, 2016, and 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following to the date of full payment.

3. Accordingly, we decide to accept the Plaintiff’s claim on the grounds of its reasoning.

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