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1. As to KRW 249,692,520 among the Plaintiff and KRW 41,046,150 among them, the Defendant shall pay to the Plaintiff KRW 249,692,520 from April 22, 2016, KRW 62,847,290.
Reasons
1. Indication of claim;
A. The Plaintiff is an institution that performs duties, such as payment of part of wages and retirement allowances, which the employer has not paid to workers under Article 7 of the Wage Claim Guarantee Act upon entrustment of duties by the Minister of Employment and Labor.
B. As the Defendant was unable to pay wages and retirement allowances to 34 employees, including A, who are employed by the Defendant, the Plaintiff paid the said 34 employees, on behalf of the Defendant, KRW 41,046,150 on April 22, 2016, KRW 62,847,290 on May 16, 2016, and KRW 118,576,690 on May 19, 2016, respectively.
B. Therefore, under Article 8(1) of the Wage Claim Guarantee Act, the Defendant is obligated to pay to the Plaintiff, who exercises his/her claim on behalf of creditors of wages and retirement allowances the total amount of KRW 249,69,692,520 and KRW 41,046,150, out of that amount, as claimed by the Plaintiff, from April 22, 2016, to May 16, 2016, from May 118, 576,690, as for KRW 118,576,690, which is the payment date, from May 19, 2016 to January 10, 2018, which is the delivery date of the original copy of the payment order of this case, compensation for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of delivery of the original copy of the payment order of this case.
2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;