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1. As to KRW 33,045,910 and KRW 22,535,970 among them, the Defendant shall pay to the Plaintiff KRW 10,50,940 from July 30, 2014.
Reasons
1. Facts of recognition;
A. In cases where an employer falls under the grounds prescribed by the Enforcement Decree of the Wage Claim Guarantee Act, such as bankruptcy, the Plaintiff is a legal subrogation who represents the right to claim unpaid wages, etc. against the relevant employer within the scope of wages under Article 38(2)1 of the Labor Standards Act and substitute payments paid to the retired employee for the final three years under Article 12(2) of the Guarantee of Workers' Retirement Benefits Act (hereinafter “substitute payments”) on behalf of the employer.
B. On May 14, 2014, the Defendant received a decision to discontinue rehabilitation procedures by the Seoul Rehabilitation Court 2014Kahap92, and received a decision to discontinue rehabilitation procedures on July 4, 2014. On July 21, 2014, the Defendant was declared bankrupt by Seoul Rehabilitation Court 2014Hahap118, and received a decision to discontinue bankruptcy on August 13, 2015.
C. On July 29, 2014, the Defendant was unable to pay wages and retirement allowances to its employees, and the Plaintiff paid 14,985,840 won, 7,550,130 won, and 10,509,940 won, to D on February 12, 2016, as substitute payment, to the Defendant’s retired worker B, who was the Defendant’s retired worker, for the last three years.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Gap evidence Nos. 8 through 10, the purport of the whole pleadings
2. Determination
A. The wage, retirement allowance, and accident compensation for workers of the bankruptcy company constitutes estate claims under Article 473 subparagraph 10 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”). The claim for damages incurred by delay in the repayment of the obligation to pay wages, retirement allowances, and accident compensation for workers arising before the declaration of bankruptcy after the declaration of bankruptcy is declared bankrupt constitutes estate claims under Article 473 subparagraph 4 of the Debtor Rehabilitation Act, which constitute “the claim arising from the act performed by the trustee in bankruptcy with respect to the bankruptcy estate.”
estate claims.