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(영문) 서울중앙지방법원 2020.07.21 2020가단5090649
임금
Text

1. The Defendant’s KRW 92,271,290 as well as the Plaintiff’s annual rate of 6% from March 3, 2010 to March 29, 2010.

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, etc. under Article 8 of the same Act, 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 a substitute payment for the last three years under Article 12(2) of the Act on the Guarantee of Workers' Retirement Benefits (hereinafter “substitute payment”) paid to the retired employee on behalf of the employer.

B. On March 3, 2010, the Defendant was unable to pay the wages and retirement allowances to its employees, and the Plaintiff paid the Defendant’s total amount of KRW 92,271,290 as substitute payment to 26 employees, including B, etc., who were the Defendant’s retired workers, due to the unpaid wages for the last three months and unpaid retirement allowances for the last three years on behalf of the Defendant.

C. Since March 9, 2010, the Plaintiff was against the Defendant as Seoul Southern District Court 2010 tea2768.

On March 17, 2010, the above court issued a payment order (hereinafter “instant payment order”) stating that “the Defendant shall pay to the Plaintiff the amount of KRW 92,271,290 and the amount of interest calculated at the rate of 6% per annum from March 3, 2010 to March 29, 2010, and 20% per annum from the next day to the date of full payment” (hereinafter “instant payment order”), and the above payment order was served to the Defendant on March 29, 2010, and the above payment order was finalized as is.

The plaintiff filed the lawsuit of this case for the extension of prescription against the claim under the payment order of this case.

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

2. According to the above facts of recognition as to the cause of the claim, the defendant shall pay to the plaintiff 92,271,290 won with 6% per annum from March 3, 2010 to March 29, 2010, and 20% per annum from the next day to the day of full payment.

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