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(영문) 대구지방법원포항지원 2015.09.10 2015가단303827
구상금
Text

1. The Defendant’s KRW 122,090,260 among the Plaintiff and KRW 110,769,260 among them, shall be KRW 7,20,000 from June 8, 2012.

Reasons

1. The Plaintiff’s determination on the cause of the claim is a government-invested institution that is entrusted by the Minister of Labor to perform the business of subrogationing the right to claim wages, etc. of workers within the limit of the amount paid, in lieu of the employer, where the employee retired pursuant to the Wage Claim Guarantee Act was not paid wages due to the employer’s bankruptcy, etc.

On November 1, 201, the Defendant operated electrical construction business, etc. on the south-gu 141-12 level on the south-gu 141-12 level, and closed the business on November 1, 2011. At the time, the Plaintiff did not pay 122,090,260 won to 32 workers, including A, etc.; the Plaintiff paid 10,769,260 won on June 8, 201 as wages that the Defendant had not paid by the Defendant upon a claim against overdue wages of 32 workers, including A, who are the Defendant’s employees. There is no dispute between the parties that the Plaintiff paid 12,090 won on June 8, 2012.

Therefore, with respect to the Plaintiff KRW 122,090,260 as substitute payment and KRW 110,769,260 as well as KRW 110,769,260 as of the date of the payment, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at each rate of 6% per annum under the Commercial Act from January 15, 2013, the delivery date of the original copy of the instant payment order, until July 1, 2015, with respect to KRW 7,200,00 as of June 8, 2012, the payment date of KRW 19,421,00 as of the date of the payment date.

2. The plaintiff's claim is accepted on the ground of its reasoning.

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