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1. As to the Plaintiff KRW 53,347,910 and KRW 2,210,00 among them, the Defendant shall pay to the Plaintiff KRW 53,347,910,000 from April 1, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff is an institution that performs duties, such as paying part of wages and retirement allowances, which the employer has not paid to workers, on behalf of the workers, under Article 7 of the Wage Claim Guarantee Act (hereinafter “Labor Claim Guarantee Act”) upon entrustment of duties by the Minister of Employment and Labor.
B. The Defendant was unable to pay wages to 20 workers, including B, who are employed by the Defendant, and the Plaintiff paid total of KRW 53,347,910 to B, etc. from April 1, 2016 to February 2, 2017.
(Specific Payment Details are as shown in the attached Table). 【Based on Recognition, Gap evidence Nos. 1 and 2, the purport of the whole pleadings.】
2. According to the above findings of the determination, the Plaintiff paid part of the wages to the employees employed by the Defendant respectively, and thereby, Article 8 of the Wage Claim Act (Subrogation of Right to Claim Overdue Wages, etc.) (1) The Minister of Employment and Labor, when the employee paid a substitute payment to the employee pursuant to Article 7, shall subrogate the pertinent employer’s right to claim the unpaid wages, etc. to the extent of the amount paid.
(2) Wage claims and preferential rights to payment of retirement benefits, etc. under Article 12 (2) of the Guarantee of Workers' Retirement Benefits Act shall continue to exist in the right subrogated under paragraph (1).
To the extent of the amount paid by the Plaintiff, the said worker's right to claim wages may be subrogated to the Defendant.
Therefore, with respect to the Plaintiff’s total amount of KRW 53,347,910 and KRW 2,210,00,000, which is the payment date, as to the Plaintiff’s total amount of KRW 53,347,910 and KRW 2,210,000, the Defendant shall pay KRW 3,000,00, which is the payment date, from April 5, 2016, as to KRW 3,00,00, which is the payment date, from April 14, 2016, as to KRW 3,00,00, which is the payment date, from April 25, 2016, as to KRW 3,00,00, which is the payment date, as to KRW 2,2,053,30, which is the payment date.