beta
Text
1. From May 14, 2014 to May 15, 2014 to KRW 431,738,770, among the instant lawsuits, KRW 7,800,00 respectively.
Reasons
1. Facts of recognition;
A. The Plaintiff is a government-invested institution that, in cases where a retired worker requests the Minister of Employment and Labor to pay wages and retirement allowances (hereinafter “substitute payments”) that have not been paid to the employee on behalf of the employer in accordance with Article 7, 8, or 27 of the Wage Claim Guarantee Act, and where the employer’s bankruptcy, etc. falls under the grounds prescribed by the Presidential Decree, the Plaintiff is a government-invested institution that, within the scope of the amount paid, exercises the right
B. On December 24, 2013 due to the aggravation of management situation, A, who operated a D Hospital located in Gangnam-gu Seoul Metropolitan Government, was subject to the Seoul Central District Court 2013dan253 decided to commence rehabilitation procedures. On July 15, 2014, the above rehabilitation procedures were abolished, and on July 30, 2014, the court 2014Hadan7658 decided to appoint A as a trustee in bankruptcy.
C. During that process, 101 employees in arrears, such as E belonging to the above hospital, filed a claim for the payment of unpaid wages, etc. under the Wage Claim Guarantee Act, the Plaintiff, on behalf of A, paid the said employees KRW 408,547,510 on May 14, 2014, as indicated in the attached Table, as substitute payment, and KRW 30,91,260 on May 15, 2014, and KRW 10,680,110 on April 27, 2015, respectively.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings
2. Determination
A. The employee’s wage and retirement allowance claim (hereinafter “wages and other claims”) that occurred prior to the declaration of bankruptcy constituted estate claims under Article 473 subparag. 10 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”). If the Plaintiff pays the employee’s wage and retirement allowance as substitute payment and exercises the employee’s wage and other claims by subrogation, the above claim should also be deemed as estate claims.
However, monetary liabilities.