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(영문) 수원지방법원안양지원 2015.09.10 2015가단105559
임금 등 대위변제금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for 88,481,350 won and the period from November 21, 2014 to August 18, 2015.

Reasons

1. The fact that on November 21, 2014, the Plaintiff paid the total of KRW 88,481,350 for the last three months’ wages and retirement allowances for three years to employees D, etc. on behalf of the Defendants who operated the “C” as to the claim against Defendant A does not conflict between the parties.

Therefore, Defendant A, jointly and severally with Defendant B, has a duty to pay to the Plaintiff KRW 88,481,350 as well as damages for delay calculated at the rate of 6% per annum under the Commercial Act from November 21, 2014 to August 18, 2015, which is the date when the original copy of the instant payment order was finally served on the Defendants, and 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

2. Determination as to the claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

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