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1. The Plaintiff:
A. Defendant A is entitled to KRW 30,000,620 within the scope of the property inherited from the deceased C, as well as to this.
Reasons
1. Facts of recognition;
A. The Plaintiff is a government-invested institution entrusted by the Minister of Employment and Labor under Articles 7 and 27 of the Wage Claim Guarantee Act, and where an employer falls under the causes prescribed by the Presidential Decree, such as bankruptcy, etc., if the retired worker claims the payment of the unpaid wages and retirement allowances on behalf of the employer, the Plaintiff is a government-funded institution that performs duties to subrogate the employer to claim wages and retirement allowances of the employee within the limits of
B. The deceased C (hereinafter “the deceased”) died on August 12, 2013 while operating the D’s trade name, and the said place of business was de facto closed on August 19, 2013 by all employees.
C. On January 8, 2014, the Plaintiff paid a total of KRW 230,372,550 substitute payment to the said employees under the Wage Claim Guarantee Act and as part of the unpaid wage.
The plaintiff failed to recover KRW 50,001,040 from the substitute payment.
E. A bereaved family member of the deceased was the Defendant B and his wife, who is the child F, G, H, and his wife, and the said children, who were the first inheritor, reported the renunciation of inheritance on October 23, 2013 by the Busan Family Court 2013Ra335, and the said court accepted the renunciation of inheritance on December 20, 2013.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 7 evidence, Eul's 1, the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, barring any special circumstances, Defendant A, among the above 50,001,040 won which the Plaintiff had not yet recovered pursuant to Article 8 of the Wage Claim Guarantee Act, 30,000,620 won and damages for delay for which the Plaintiff claimed within the scope of the above Defendant’s share in inheritance (3/5), and Defendant B, among the above 50,001,040 won, 20,416 won = 50,000,416 won x 20,040 won x 2.