1. The Defendant’s KRW 43,246,520 as well as the Plaintiff’s annual rate of KRW 6% from May 3, 2012 to March 22, 2015.

1. There is no dispute between the parties to the determination on the cause of the claim, or comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1, 2, and 3 as a whole, the fact of bankruptcy, etc. was recognized by the Administrator of the Incheon Northern District Office of Employment and Labor on April 24, 2012 against the defendant who was engaged in the manufacturing business of small sized mpers and transmission winds under the trade name “B,” and the fact that the plaintiff entrusted the business by the Minister of Employment and Labor on May 3, 2012 paid substitute payment of KRW 43,246,520 as wages and retirement allowances for the last three months on behalf of the defendant under Article 7 of the Wage Claim Guarantee Act.

According to the above facts, the Plaintiff, who paid substitute payment of KRW 43,246,520 on behalf of the Defendant, on behalf of the Defendant, subrogated to the Defendant’s right to claim the unpaid wages, etc. within the scope of the amount paid, pursuant to Article 8(1) of the Wage Claim Guarantee Act. Thus, the Defendant is obliged to pay to the Plaintiff delay damages calculated at the rate of 20% per annum under the Commercial Act from May 3, 2012 to March 22, 2015, the delivery date of payment order, and 43,246,520 won per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

2. The defendant's assertion argues to the effect that the defendant cannot respond to the plaintiff's claim, since he/she is already declared bankrupt and is waiting to grant immunity after filing an application for immunity from Incheon District Court Decision 2012Hadan1439 and 2012Ma1438.

However, even if an individual is declared bankrupt and released from the court, the exercise of the employee's right to claim the payment of wages and retirement allowances does not affect the declaration of bankruptcy and the decision of immunity (see Article 566 subparagraph 5 of the Debtor Rehabilitation and Bankruptcy Act), and the nature of the right to claim the payment of wages and retirement allowances as the right to preferential payment.