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(영문) 서울중앙지방법원 2018.05.17 2018나2256
구상금
Text

1.In accordance with the reduction of the purport of the claim in the trial, the judgment of the first instance shall be modified as follows:

The defendant 2.2.

Reasons

1. Facts of recognition;

A. In order to guarantee the payment of overdue wages to foreign workers B (C) who engaged in the business of cultivating vegetables, the Defendant entered into a guarantee insurance contract for authorization and permission (hereinafter “instant insurance contract”) under Article 23(1) of the Act on the Employment, etc. of Foreign Workers with the Plaintiff as the insured pursuant to Article 23(1) of the Act on the Employment, etc. of Foreign Workers as the Human Resources Development Service of Korea (hereinafter “instant insurance contract”).

- Securities Number: D - Insurance amount: 2,00,00 won - Insurance premium amount: 16,540 won: From September 5, 2014 to May 28, 2016 (632 days): - The delayed payment damages calculated and publicly notified by the Plaintiff on a daily basis, counting the number of delayed days from the day following the payment date of insurance money to the day of full payment, shall be calculated by multiplying the insurance money by the applicable interest rate (6% per annum from the day following the payment date to 30 days from the payment date of insurance money, 9% per annum from the following day to the day of full payment, and 12% per annum from the next day to the day of full payment).

B. The Defendant did not pay the wages of foreign workers B from January 2016, and the Plaintiff paid KRW 2,000,000 insurance money to the insured on September 21, 2016. On December 20, 2016, the sum of the insurance money and damages for delay as of December 20, 2016 is KRW 2,039,452 (=insurance money KRW 2,00,000,000).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 2,039,452 as indemnity and KRW 2,00,000,00 from December 21, 2016 on the following day of the base date to September 18, 2017, which is the delivery date of a certified copy of the decision on performance recommendation of this case from December 21, 2016, as requested by the Plaintiff, 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

B. The defendant's assertion is judged.

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