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1. The Defendant’s KRW 49,390,180 as well as the Plaintiff’s annual rate from June 20, 2017 to December 2, 2019, and the following.
Reasons
1. Facts of recognition;
A. In cases where an employer falls under the grounds prescribed by the Enforcement Decree of the Wage Claim Guarantee Act, such as bankruptcy, etc. under Article 8 of the same Act, the Plaintiff is a legal subrogation who represents the right to claim unpaid wages, etc. against the relevant employer within the scope of wages under Article 38(2)1 of the Labor Standards Act and a substitute payment for the last three years under Article 12(2) of the Act on the Guarantee of Workers' Retirement Benefits (hereinafter “substitute payment”) paid to the retired employee on behalf of the employer.
B. On June 20, 2017, the Defendant failed to pay wages and retirement allowances to its employees. On behalf of the Defendant, the Plaintiff paid KRW 7,739,950 to the Defendant’s retired worker B, who was the Defendant’s retired worker, KRW 7,657,360, KRW 7,265,300, KRW 9,410,480, and KRW 9,410,480, and KRW 8,353,060 as substitute payments, and the Plaintiff paid KRW 49,390,180,000, respectively.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. In a case where the Plaintiff paid a substitute payment to an employee, the Plaintiff’s right to claim the unpaid wages, etc. is subrogated to the extent of the amount paid (Article 8 of the Wage Claim Guarantee Act). According to the above acknowledged facts, the Plaintiff paid a substitute payment of KRW 49,390,180 in total to the Defendant’s retired workers on June 20, 2017. As such, the Defendant is obligated to pay to the Plaintiff a substitute payment of KRW 49,390,180 as substitute payment and its payment date from June 20, 2017 until December 20, 2019, the original copy of the instant payment order from June 20, 2017, the delivery date of the original copy of the instant payment order, and KRW 6% per annum under the Commercial Act until December 2, 2019, and KRW 12% per annum as stipulated under the Act on Special Cases concerning
3. The defendant's decision on the defendant's assertion shall grant immunity to himself.