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1. As to KRW 286,629,650 among the Plaintiff and KRW 61,940,730 among them, the Defendant shall pay to the Plaintiff KRW 286,629,650 from September 26, 2012, and KRW 193,953,660.
Reasons
1. Facts of recognition;
A. The Plaintiff is a corporation entrusted with the authority of the Minister of Employment and Labor to make a substitute payment under the Wage Claim Guarantee Act pursuant to Article 27 of the Wage Claim Guarantee Act and Article 24(2) of the Enforcement Decree of the same Act.
B. The Defendant is a juristic person that operated medical business in the name of a kind-friendly convalescent hospital on the fifth floor of Newland Office in Busan, as the center of Busan, and closed its business on October 5, 2012. On October 8, 2013, the Busan Regional Employment and Labor Office notified the Plaintiff of the fact-finding on the Defendant’s workplace under Article 7(1)3 of the Wage Claim Guarantee Act and Article 5(1) of the Enforcement Decree of the same Act.
C. From September 11, 2012 to October 29, 2013, the Plaintiff provided labor to the Defendant on behalf of the Defendant pursuant to the Wage Claim Guarantee Act and the Enforcement Decree of the same Act, and paid 384,052,440 won, which is part of the wages for the last three months and the retirement allowances for the last three years (hereinafter “substitute payment”) to the 108 persons, including A, retired, etc.
On April 11, 2013, the Plaintiff recovered KRW 97,422,790 from the Defendant.
[Ground of recognition] Facts without dispute, purport of whole pleading
2. According to the above facts of determination as to the cause of a claim, the Defendant is served with the Plaintiff a total of KRW 286,629,650 on behalf of the Plaintiff (=384,052,440 won - KRW 97,422,790), and with respect to KRW 61,940,730 on September 26, 2012, 193, 953,60 on September 27, 2012, from September 27, 2012, 9,692, 490 on September 28, 2012, 5,827,530 on September 4, 2012, from the date of payment to the date of payment, to the date of payment of KRW 30% on which the Defendant’s complaint was served, from September 17, 2013, to the date of payment, 30% on July 15, 2015.