Whether preferential rights to payment of overdue wages to the distribution of public auction proceeds

Wages for the last three months and retirement allowances for the last three years shall have the highest priority repayment right.

Article 741 of the Civil Act: Contents of Unjust Enrichment

Article 37 of the Labor Standards Act preferential payment for wage claims

1. The defendant shall pay to the plaintiff 25,007,630 won with 20% interest per annum from June 30, 2006 to the day of complete payment.

2. The costs of the lawsuit are assessed against the defendant.

3. Paragraph 1 can be provisionally executed.

1. Facts of recognition;

The following facts may be acknowledged in full view of the overall purport of the pleadings in the evidence Nos. 1 through 3, 5, 8-1 through 37, 9-1 through 10, 10, 11-1 through 3, 12, 13, 14-1 through 12, and 14-1 through 12, and the written evidence Nos. 1-1 through 10, 2, and 3 are insufficient to reverse the above recognition on the sole basis of the written evidence Nos. 1-1 through 10, 2, and 3.

(1) Each worker, including the non-party labor union and the non-party labor union, stated the details of overdue wages (hereinafter referred to as the "non-party workers"), worked in the non-party labor company ○○ (hereinafter referred to as the "non-party company"), and the non-party company went bankrupt on November 7, 2003.

(2) Accordingly, the Plaintiff Corporation paid the Nonparty workers totaling KRW 35,438,640 on August 18, 2004 and KRW 39,005,05,310 on September 15, 2004.

(3) The Plaintiff sold KRW 7,182,00,000, 180,000,000,000 on the ○○○○○○○-gun, ○○○○○-gun, ○○○○○-gun, ○○○-gun, which is owned by the Nonparty Company, to KRW 7,182,00,00. On June 29, 2006, KRW 5,438,520, excluding KRW 1,743,48,480, out of the expenses for disposition on default, was distributed to the Defendant’s ○○○○-gun, ○○-gun, ○○-gun, ○○-gun, ○○-gun, 500, out of the remainder of the expenses for disposition on default on October 5, 2005, KRW 4,036,19,569,110, which was distributed to Nonparty ○-gun, a seizure authority.

2. Determination

According to the above facts, the plaintiff Corporation may seek the payment of part of the overdue wages to the non-party workers by subrogation of the non-party workers, and therefore, the plaintiff Corporation shall have the right of priority payment in each public auction procedure by paying part of the unpaid wages for the last three months and retirement allowances for the last three years to the non-party workers. Thus, the order of priority shall prevail over the defendant who received the dividends in each public auction procedure. Accordingly, the plaintiff may seek the return of each of the above dividends to the defendant.

3. Conclusion

Thus, the defendant is obligated to pay to the plaintiff 25,07,630 won (5,438,520 won + 19,569,110 won) and damages for delay calculated at the rate of 20% per annum from June 30, 2006 to the day of complete payment, which is the day following the delivery of a copy of the complaint of this case. Thus, the plaintiff's claim is justified and it is so decided as per Disposition.