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(영문) 대전지방법원천안지원 2016.08.24 2015가단109825
임금
Text

1. The Defendant’s KRW 6,902,130 as well as the Plaintiff’s KRW 66% per annum from November 2, 2013 to October 23, 2015, and the following.

Reasons

1. Facts of recognition;

A. The Defendant suspended the operation around January 2013 while engaging in the manufacturing of the basic machinery parts in the name of “B” and was unable to pay wages and retirement allowances to workers due to financial difficulties.

B. On April 29, 2013, the Plaintiff received an application from a worker C for the fact-finding, such as bankruptcy, from the Defendant’s workplace, and presented the Defendant’s statement on July 18, 2013.

C. On July 18, 2013, the Defendant, on the part of July 18, 2013, made a statement that it was difficult to recognize part of the amount in arrears at the first time after inspecting the personal statement of arrears presented by the Plaintiff (the same as the content in the aggregate column and the month column in the attached list), but recognized that the attitude was changed

On August 29, 2013, based on the results of the investigation conducted by workers and employers, the Plaintiff recognized bankruptcy against the Defendant on August 29, 2013, and paid 66,902,130 won in total to 11 employees, including workers D, for the last three months and retirement allowances for the last three years on November 1, 2013.

The details of specific arrears and substitute payment shall be as specified in the attached Table.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The Plaintiff may, pursuant to Articles 7, 8, and 27 of the Wage Claim Guarantee Act, pay unpaid wages, etc. on behalf of the employer to a retired worker who has not been paid wages, etc. due to the employer’s bankruptcy, etc. and subrogate the employer’s right to claim wages, etc. to the employer within the limits of the amount paid.

According to the above facts, the plaintiff paid 6,902,130 won in total to 11 workers who worked in the workplace operated by the defendant on behalf of the defendant, barring any special circumstance, the defendant shall pay the plaintiff the substitute payment of 66,902,130 won and a copy of the complaint of this case from November 2, 2013 to the defendant as of November 2, 2013 after the payment date of the substitute payment.

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