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(영문) 인천지방법원 2017.04.05 2017가단202066
임금
Text

1. The Defendant’s KRW 37,337,730 as well as 6% per annum from May 15, 2013 to December 20, 2016 to the Plaintiff.

Reasons

1. The judgment on the cause of the claim (However, the creditor is the plaintiff, the debtor is the defendant) is not in dispute between the parties, or it can be recognized by comprehensively taking account of the purport of Gap's entries and the whole arguments. Thus, the defendant is obliged to pay damages for delay calculated by the annual rate of 15% per annum under the Commercial Act from May 15, 2013, the following day following the payment date of substitute payments paid by the plaintiff to the plaintiff, to the defendant from May 20, 2016, until December 20, 2016, when the payment order of this case was served to the defendant, and from the next day to the day of full payment, to the day of full payment.

2. On September 20, 2012, the defendant asserts that the defendant cannot respond to the plaintiff's claim by filing a petition for bankruptcy on September 20, 2012.

However, in the case of wages, retirement allowances, and accident compensation for workers, not only falls under estate claims provided for in Article 473 subparagraph 10 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) but also falls under non-exempt claims provided for in the proviso of Article 566 (1) 5 of the Act, even if the debtor has received the decision to permit exemption, it does not affect the decision to permit exemption. Article 8 (1) of the Wage Claim Guarantee Act provides that “When the Minister of Employment and Labor has made a substitute payment to a worker under Article 7, he/she shall subrogate the relevant business owner to claim unpaid wages, etc. to the extent of the amount paid.” Article 8 (2) of the same Act provides that “The Minister of Employment and Labor shall subrogate the right to claim the unpaid wages, etc. to the relevant business owner under Article 38 (2) of the Labor Standards Act and the right to preferential payment, such as retirement benefits, etc. under Article 12 (2) of

Considering the purpose of each of the above provisions comprehensively, the employer’s bankruptcy, etc. under the Ministry of Employment and Labor.

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