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(영문) 수원지방법원안양지원 2016.03.09 2015가단113215
임금
Text

1. The Defendant’s KRW 43,332,760 as well as 6% per annum from October 16, 2014 to September 11, 2015 to the Plaintiff.

Reasons

1. Comprehensively taking account of the purport of the arguments in Gap evidence Nos. 1 and 2 as to the cause of the claim, the defendant operated a restaurant with the trade name "C" in Sungnam-si, Sungnam-si, and discontinued the restaurant without paying wages and retirement allowances to workers. The defendant notified the plaintiff on August 6, 2014 of the fact of bankruptcy, etc. as to the above restaurant, which is the defendant's place of business. Upon being entrusted with the business by the Minister of Employment and Labor, the plaintiff, who is performing the business of paying part of wages and retirement allowances on behalf of the business owner under the Wage Claim Guarantee Act, paid 9 workers D et al. with the total of 43,32,760 won per annum from the day following the date of the last three months and the amount equivalent to three-year retirement allowances to the above 15-year total of 10% of the total amount of wages and retirement allowances to 30% of the total amount of 19% substitute payment for the defendant 20% of the above amount of wages and 30% substitute payment for the above.

The Plaintiff claimed for the payment of damages for delay calculated at a rate of 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings for the period from the day after the original copy of the instant payment order was served to the day of complete payment. However, “the statutory interest rate per annum under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings” was amended, and the legal interest rate per annum for the case for which the first instance pleading has not been concluded until October 1, 2015 is governed by the previous provisions until September 30, 2015

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