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1. The Defendant: (a) KRW 20,487,720 for the Plaintiff and KRW 6% per annum from May 12, 2015 to October 1, 2016.
Reasons
1. Determination as to the cause of the claim (Provided, That the obligee is the Plaintiff, the obligor is the Defendant) is liable to pay damages for delay calculated at the rate of 20,487,720 won paid by the Plaintiff to the Plaintiff and 6% per annum as prescribed by the Commercial Act from May 12, 2015 to October 1, 2016, when the copy of the complaint of this case was served to the Defendant from the next day to the day of full payment, and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., from the next day to the day of full payment.
2. Judgment on the defendant's defense
A. According to the evidence Nos. 1 and 2 of the Seoul Central District Court’s 2014Hadan2970, 2014Ma2970, and 201, the Defendant filed for bankruptcy and immunity and filed for immunity on October 8, 2014 and the decision of immunity became final and conclusive at that time.
However, in cases of wages, retirement allowances, and accident compensation for workers, it constitutes estate claims stipulated in Article 473 subparagraph 10 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”), and it also constitutes non-exempt claims stipulated in Article 566 proviso 5 of the Act. Thus, even if an obligor receives a decision to permit exemption, it does not affect the decision to permit exemption. Article 8 (1) of the Wage Claim Guarantee Act provides that “The Minister of Employment and Labor shall, if a substitute payment has been made to an employee under Article 7, subrogate the relevant employee’s right to claim unpaid wages, etc. to the extent of the amount paid.” Article 8 (2) of the same Act provides that “The Minister of Employment and Labor shall subrogate the right to claim the unpaid wages, etc. to the relevant employer under Article 38 (2) of the Labor Standards Act.”