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(영문) 대구지방법원경주지원 2019.07.09 2018가단15294
구상금
Text

1. The Defendant’s KRW 168,329,370 among the Plaintiff and KRW 144,652,970 among the Plaintiff, shall be from January 15, 2016, and KRW 22,071,720.

Reasons

Facts of recognition

The defendant could not pay wages and retirement allowances of KRW 190,314,802 to 34 employees, such as affiliated workers C, etc. (hereinafter referred to as "workers in arrear") while running business in the racing-si B.

On December 11, 2015, the head of the Daegu Regional Employment and Labor Office notified the Plaintiff of the recognition of bankruptcy, etc. regarding the number of employees in arrears and the amount of 201,149,076 won in arrears with respect to the Defendant.

In accordance with the Wage Claim Guarantee Act, the employees in arrears filed a claim with the Minister of Employment and Labor for the payment of the unpaid wages and retirement allowances, and the Plaintiff, on behalf of the Defendant, on January 15, 2016, paid the employees in arrears the total of KRW 178,199,140,000,000,000,000 won as part of the unpaid wages and retirement allowances.

[Reasons for Recognition] The plaintiff paid a substitute payment to an employee pursuant to Article 7 of the Wage Claim Guarantee Act, the plaintiff is a person who has received a dividend of KRW 9,869,770 on August 10, 2016 in the auction case of D real estate deposit and appropriated the plaintiff's payment of the principal amount of wages and retirement allowance claims for substitute payment of KRW 154,52,740 on January 15, 2016 to the defendant.

According to the above facts, with respect to the Plaintiff, KRW 168,329,370 in total (i.e., KRW 178,19,140 - KRW 9,869,770) and KRW 144,652,970 in total (i.e., KRW 154,52,740 - KRW 9,869,770) as of the date of the payment of the substitute payment, the Defendant shall pay to the Plaintiff KRW 22,71,720 in total from January 15, 2016 as of the date of the payment of the substitute payment, from February 5, 2016 to 1,604,680 in total, from March 11, 2016, until January 15, 2019, the original copy of the payment order of this case is served.

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