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(영문) 인천지방법원 2019.08.29 2019가합50471
임금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 697,060,966 and the amount of KRW 216,191,150 from December 8, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On November 30, 2004, the Defendant suspended all of the above businesses and reported the closure of business with the trade name “C” in Bupyeong-gu, Busan, and with the trade name “E” in “E” in the same Gu D.

B. At the time of the closure of the above C and E, the Defendant did not pay 273,959,190 won in total to 85 workers, including F, etc.

C. The plaintiff paid 63 out of 85 members of the above F, etc. wages for the last three months and retirement allowances for the last three years upon entrustment of work by the Minister of Labor under the Wage Claim Guarantee Act on May 4, 2005, in lieu of the total amount of KRW 20,49,728,420 on May 4, 2005, and KRW 20,498,240 on January 15, 2007, and KRW 220,226,660 on behalf of the plaintiff.

The plaintiff filed a lawsuit against the defendant for the claim for reimbursement of subrogated amount such as wages (Seoul Southern District Court 2009Gahap2652). On March 31, 2009, the above court rendered a judgment that "the defendant shall pay to the plaintiff 220,226,60 won and 199,728,420 won with interest of 6% per annum from May 4, 2005 until December 15, 2007 until December 26, 2008, and 20% per annum from the next day until the day of full payment." The above judgment became final and conclusive around that time.

E. Since then, the Plaintiff recovered KRW 756,530 on April 16, 2014, and KRW 3,278,980 on May 16, 2014.

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

2. Determination as to the claim of this case

A. The period of extinctive prescription of a claim established by a judgment pursuant to Article 165(1) and (2) of the Civil Act is ten years. As such, the instant lawsuit was filed for the interruption of extinctive prescription due to the prolonged period of extinctive prescription.

On April 16, 2014 and May 16, 2014, the Plaintiff appropriated 756,530 won, 3,278,980 won collected over two times on the principal and the principal amount. As to the Defendant, the Plaintiff seeks payment of the balance of the principal and the unpaid damages for delay calculated as follows:

B. According to the specific judgment, according to the above facts of recognition, the defendant's 697,060,966 won = The principal balance 216.

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