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1. The defendant is 63,83,250 won to the plaintiff and 6% per annum from April 2, 2008 to November 24, 2008.
Reasons
1. The facts as to the cause of the claim (However, the “creditor” is deemed to be the “Plaintiff”, and the “debtor” shall be deemed to be the “Defendant”) are acknowledged by the respective entries and arguments in the evidence Nos. 1 and 2 and the purport of the whole pleadings.
According to the above facts, the defendant is obligated to pay the plaintiff the substitute payment amounting to 63,83,250 won paid by the plaintiff and the damages for delay calculated at the rate of 6% per annum under the Commercial Act from April 2, 2008 to November 24, 2008 when the original copy of the payment order was served between the plaintiff and the defendant in Gwangju District Court 2008, 2956, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
[A. According to the purport of the Plaintiff’s evidence No. 1 and the argument, the Defendant’s claim against the Defendant constitutes a non-exempt claim, as well as a wage claim, and thus, does not affect the effect of immunity exemption on June 26, 2013. However, in light of Article 8 of the Wage Claim Guarantee Act, where the Plaintiff who paid a substitute payment continues to have a preferential right to payment, such as wage claim, in the case of a worker’s wage, retirement allowance, and accident compensation, it constitutes a non-exempt claim under Article 566(5) of the Debtor Rehabilitation and Bankruptcy Act.
2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.