beta
Text
1. As to the Plaintiff KRW 30,284,880 and KRW 24,350,100 among them, the Defendant shall pay to the Plaintiff KRW 5,934,780 from December 19, 2014.
Reasons
1. Facts of recognition;
A. The Defendant is a business owner who had been engaged in manufacturing and wholesale and retail business from around 1994 to around 194 with the trade name of "C".
B. On August 1, 2013, the Defendant was declared bankrupt on November 2014, 2014 when the Defendant was unable to pay wages and retirement allowances to the employees E, retired on November 22, 2013, and workers F, retired on September 1, 2013, and employees G, H, I, and J, retired on November 20, 2014.
C. In accordance with the Wage Claim Guarantee Act, the Plaintiff paid part of the wages and leaves that the said employee had not received as substitute payments on behalf of the Defendant. On December 19, 2014, the Plaintiff paid 39,051,280 won in total to D, E,F, G, H, and I (hereinafter “amount paid to six persons, such as D”) and 5,934,780 won in J on December 26, 2014 (hereinafter “amount paid to J”) respectively.
On December 27, 2017, when the bankruptcy proceedings against the defendant were in progress, the defendant's bankruptcy trustee repaid KRW 14,701,180 as part of the plaintiff's claim for substitute payment, which is an estate claim. The plaintiff appropriated this as part of the claim for substitute payment to pay part of the principal of the amount paid to six persons such as D, etc. among the claim for substitute payment.
Accordingly, the amount of the plaintiff's substitute payment claim related to the money paid to 6 persons such as D et al. reaches KRW 24,350,100 (= KRW 39,051,280 - KRW 14,701,180).
【Ground of recognition】 The fact that there has been no dispute, entry of Gap evidence 1 through 11, the purport of whole pleading
2. According to the facts of the above recognition, the Defendant’s substitute payment is the Plaintiff, the creditor of the substitute payment, and the Plaintiff’s substitute payment is KRW 30,284,880 (i.e., KRW 24,350,100 related to the substitute payment paid to six persons, including D), and KRW 24,350,100 related to the substitute payment paid to six persons, including D, as the substitute payment payment date, for KRW 5,934,780 related to the substitute payment paid to J from December 19, 2014, and KRW 5,934,780 related to the substitute payment paid to J, from December 26, 2014, as the substitute payment date, and from August 20, 2018, the delivery date of a copy of each complaint of this case.