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1. As to KRW 163,140,940 among the Plaintiff and KRW 38,356,090, the Defendant shall pay to the Plaintiff KRW 42,626,190.
Reasons
In fact, the defendant is a company that operates clothes, textile, and miscellaneous manufacturing and sales business, and the employees belonging to the defendant filed an application for fact finding, such as bankruptcy, with the Seoul Eastern District Office on May 6, 2011, because they did not receive wages, etc. from the defendant, and the above Seoul East District Office rendered a decision on July 7, 201 to find facts against the defendant, such as bankruptcy.
Pursuant to Articles 7 and 27 of the Guarantee of Wage Claims Act and Article 24 of the Enforcement Decree of the same Act, the Plaintiff paid 43 workers, including the Defendant’s employees, to the Plaintiff as wages and retirement allowances, and KRW 163,140,90 in total, on July 26, 2011; KRW 42,626,190 in August 25, 201; KRW 60,401; KRW 401,330 in September 6, 201; KRW 18,383,220 in October 18, 201; and KRW 3,374,110 in November 3, 201; and KRW 163,140,940 in total.
[Based on the above-mentioned facts, the plaintiff who paid a substitute payment to the employees belonging to the defendant under Article 8 (1) of the Wage Claim Guarantee Act shall subrogate the right to claim the unpaid wages, etc. to the relevant employer within the limit of the amount paid by the worker under Article 7.
A worker may subrogate his/her right to claim wages, etc. that the worker has paid to the defendant within the extent of the amount paid by the plaintiff to his/her workers. As such, the defendant may subrogate the plaintiff with respect to the above 163,140,940 won, out of 38,356,090 won paid by the plaintiff, 14 days from July 26, 2011 to July 26, 2011, 42,626,190 won paid by the plaintiff on his/her behalf, from August 25, 2011, 60,401 to September 9, 201, 18,383,220 won, from October 19, 201 to December 3, 2014, respectively, from November 3, 2011 to December 1, 2014.