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(영문) 광주지방법원 2020.09.15 2020가단518620
구상금
Text

The defendant shall pay 6,150,000 won to the plaintiff and 6% per annum from August 8, 2019 to May 6, 2020 and the next day.

Reasons

1. Facts of recognition;

A. The Plaintiff is a government-invested institution that performs the duty of subrogation on the part of the Minister of Employment and Labor to pay unpaid wages under the Wage Claim Guarantee Act and the vicarious exercise of the right to claim wages.

B. The Defendant, while engaging in the metal manufacturing business with the trade name “C” in Mineyang City B, discontinued the management status due to the aggravation of the business status on June 25, 2019.

C. However, the defendant is employed by the defendant at the time.

On August 8, 2019, five employees, including D, who were retired workers, were in arrears with wages and retirement allowances, and accordingly, the Plaintiff paid 6,150,000 won in total to five employees, such as D, in accordance with Article 7 (1) of the Wage Claim Guarantee Act, as stated in the attached Table, on August 8, 2019, as part of the delayed payment of wages and retirement allowances for the last three years.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the facts of recognition prior to the determination on the cause of the claim, the Plaintiff may subrogate the Plaintiff’s right to claim the unpaid wages, etc. against the Defendant, who is the employer, within the limit of the substitute payment that the Plaintiff paid to the employees as above. As such, the Defendant is obligated to pay to the Plaintiff the above KRW 66,150,000 and the damages for delay calculated at the rate of 6% per annum as prescribed by the Commercial Act from August 8, 2019 to May 6, 2020, when the duplicate of the complaint of this case was served on the Defendant from the next day to the date of full payment.

B. On May 29, 2020, the summary of the claim 1 in this Court 2019,50257 immunity, 2019Hadan50257, the Defendant was granted immunity on the part of the Defendant’s argument, and the same year.

6. 13. The decision to grant immunity became final and conclusive.

2. According to the proviso of Article 566 (5) of the Debtor Rehabilitation and Bankruptcy Act, the employee's wage, retirement allowance, and accident compensation is exempted from the responsibility by decision of immunity.

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