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1. The Defendant’s KRW 151,367,540 among the Plaintiff and KRW 150,025,410 among the Plaintiff, shall be KRW 150,025,410 on January 13, 2012.
Reasons
1. Facts of recognition;
A. The Plaintiff is a government-invested institution that, under Article 7, 8, or 27 of the Wage Claim Guarantee Act, where a retired employee requests the Minister of Employment and Labor to pay wages and retirement allowances (hereinafter “repaid payment”) that have not been paid to the employee on behalf of the employer in cases falling under the grounds prescribed by the Presidential Decree, such as the employer’s bankruptcy, etc., the Plaintiff is a government-invested institution that, within the scope of the amount paid,
B. A Co., Ltd. (hereinafter “A”) was a company with the purpose of wholesale and retail business in Seodaemun-gu, etc. due to deterioration of its management, etc., upon which the Seoul Central District Court rendered a decision to commence rehabilitation proceedings on November 22, 2011 as Seoul Central District Court 201Mo142, and the Defendant was appointed as its administrator.
C. In the process, 26 employees in arrears, including C, who belong to Company A, filed a claim for payment of unpaid wages, etc. under the Wage Claim Guarantee Act, the Plaintiff, on behalf of the Defendant, paid the said employees KRW 151,367,540, respectively, in total, KRW 150,025,410 on January 13, 2012, as indicated in the attached Table, as substitute payment.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. According to the above findings of determination, the Plaintiff’s subrogation of his/her right to claim wages and retirement allowances against the Defendant within the scope of a substitute payment made to employees in arrears pursuant to Articles 7 and 8 of the Wage Claim Guarantee Act. As such, the Defendant is obligated to pay to the Plaintiff damages for delay at each rate of 6% per annum as prescribed by the Commercial Act from March 27, 2012 to December 31, 2014, with respect to the total substitute payment of KRW 151,367,540, and KRW 150,025,410, which is the payment date, for KRW 150,025,410.