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1. Of the instant lawsuit, the part of the claim for delay damages for the period from July 1, 2015 to May 7, 2017 shall be dismissed.
Reasons
1. Basic facts
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., notwithstanding Article 469 of the Civil Act, the Plaintiff is a statutory subrogation who subrogates 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 substitute payments for the final three years under Article 12(2) of the Act on the Guarantee of Workers' Retirement Benefits (hereinafter “substitute payments”) paid to retired workers on behalf of the employer.
B. On January 8, 2015, the bankrupt industry for young children (hereinafter “child industry”) was decided to commence rehabilitation procedures by the Daegu District Court 2014 and 132, but was decided to discontinue rehabilitation procedures on April 19, 2017 (the final decision on May 5, 2017) and was declared bankrupt by the Daegu District Court 2017Hahap8 on May 8, 2017, and the Defendant was appointed as the bankruptcy trustee for the infant industry on the same day.
C. The industry of young children was not paid KRW 1,045,178,861 to 193 employees, including their employees B, etc. (hereinafter “employee in arrears”).
On behalf of an infant industry, the Plaintiff paid KRW 795,857,520 in total equivalent to part of the amount of unpaid wages for the last three months and the amount of unpaid retirement allowances for the last three years. Specifically, on July 1, 2015, the Plaintiff paid KRW 219,850,990, and KRW 45,740,960 on July 13, 2015, KRW 300,547,110 on September 23, 2015, KRW 2,522,190 on September 24, 2015, KRW 2,38,310 on August 24, 2015, KRW 208, KRW 7,300 on March 31, 2016, KRW 470 on June 31, 2016, KRW 200 on June 28, 2016; and KRW 306,681.6
(e) The following is a statement that deducts part of the amount that the Plaintiff has reduced or recovered.
The plaintiff requested the defendant to pay the above substitute payment, but the defendant has reduced part of the above substitute payment and recovered total amount on 154.