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1. The Defendant’s KRW 22,120,570 as well as the Plaintiff’s annual rate of KRW 6% from January 8, 2015 to July 2, 2015.
Reasons
1. Basic facts
A. On December 18, 2014, the Defendant: (a) operated a wedding and restaurant under the trade name of “B”; and (b) was recognized by the Daejeon Regional Employment and Labor Office as bankruptcy, etc.
B. On January 7, 2015, the Plaintiff, who was entrusted with duties by the Minister of Employment and Labor, paid 22,120,570 won as wages and retirement allowances for the last three months unpaid to five employees, including Workers C, on behalf of the Defendant pursuant to Article 7 of the Wage Claim Guarantee Act.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings
2. Determination
A. According to the factual basis of the determination as to the cause of the claim, the Plaintiff, on behalf of the Defendant, paid substitute payment of KRW 22,120,570 to the employees, is liable to pay the Plaintiff damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 8, 2015 to July 2, 2015, which is the day following the date of delivery of the complaint in this case, since the Plaintiff, on behalf of the Defendant, subrogated to the right of the employees to claim unpaid wages, etc. to the Defendant within the scope of the amount paid.
B. The Defendant asserts to the effect that the Defendant cannot respond to the Plaintiff’s claim on the ground that the individual rehabilitation procedure commenced by Daejeon District Court 2014da61854.
In addition to the statement in Gap evidence No. 5, the fact that the individual rehabilitation procedure commenced on January 29, 2015 against the defendant as Daejeon District Court No. 2014,61854 is recognized.
However, if the plaintiff pays wages and retirement allowances to a substitute payment for workers, and exercises the right of compensation such as wages of workers corresponding thereto, it shall be regarded as a priority claim, and the right of compensation for damages caused by delay of payment shall also be regarded as a priority claim.