1. The Defendant’s KRW 56,702,670 for the Plaintiff and 6% per annum from December 23, 2011 to October 22, 2018.

1. Determination as to the cause of claim

A. 1) Under Article 7 of the Wage Claim Guarantee Act, the Plaintiff was entrusted by the Minister of Employment and Labor with work, and paid part of the wages and retirement allowances that the employer did not pay to the employees. 2) 17 employees, including B, etc., who were retired workers employed by the Defendant, filed a claim for substitute payment against the Plaintiff on the ground that they were paid wages and retirement allowances from the Defendant. The Plaintiff paid 85,702,670 won in total to 17 employees, including B, etc. on December 23, 2011.

3) The Plaintiff recovered the total amount of KRW 29 million from the Defendant from April 1, 2016 to April 1, 2016. [Reasons for recognition: Facts without dispute, Gap 1 and 2 evidence, and the purport of the entire pleadings.

B. According to the above facts, the Plaintiff may exercise the Plaintiff’s right to claim the wages, etc. of the above workers within the limit of the amount paid by the Plaintiff pursuant to Article 8(1) of the Wage Claim Guarantee Act. Thus, the Defendant is obligated to pay to the Plaintiff the remainder of 56,702,670 won (i.e., KRW 85,702,670 - 29 million), which remains after deducting the recovered amount from the paid amount of the said substitute payment, and the damages for delay calculated at the rate of 15% per annum under the Commercial Act from December 23, 2011 to October 22, 2018, which is the delivery date of the original copy of the instant payment order, from the next day to the day of full payment.

2. The defendant's defense is proved to have expired the plaintiff's claim for substitute payment with a short-term extinctive prescription of one year under Article 164 (1) of the Civil Act, since the plaintiff's claim for substitute payment is subject to the short-term extinctive prescription of one year. Since the plaintiff filed the lawsuit in this case more than one year after the plaintiff received the last repayment from the defendant, the plaintiff's claim for substitute payment has expired.

However, pursuant to Article 8 (1) of the Wage Claim Guarantee Act, the plaintiff claims for wages and retirement allowances against the defendant of the worker.