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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. On June 2012, the Defendant concluded each authorization and permission guarantee insurance contract (hereinafter “instant guarantee insurance contract”) with the following content that guarantees the payment of overdue wages of five foreign workers, including C, etc. (hereinafter “foreign workers of this case”).
Policy holders: Insured workers who are covered by insurance for the Human Resources Development Service of Korea: Amount of insurance for the Human Resources Development Service of Korea of KRW 2,000,000: Insurance period of KRW 25,400: From June 9, 2012 to June 8, 2014: Payment guarantee for overdue wages for foreign workers;
B. On December 31, 2013, Company B filed an application for commencing rehabilitation procedures with the Seoul Rehabilitation Court as 2013 Gohap296, and the said court rendered a decision to commence rehabilitation procedures on February 12, 2014.
C. On April 14, 2014, the Defendant paid KRW 10,000,000 each of the instant foreign workers as insurance proceeds (hereinafter “instant payment”). The Plaintiff paid substitute payment to 17 workers including the instant foreign workers from May 2, 2014 to June 10, 2016, pursuant to Article 7 of the Wage Claim Guarantee Act.
The details of wages in arrears and retirement allowances in arrears for the last three months of the foreign workers in this case are as follows.
The retirement allowances in arrears with name overdue wages shall be 2,279,378,970,970 2,378,970 1,334,070 3,234,150 E (29 years of age) 2,279,340,340 2,48,320,320,320 935,550 2,928,230 F (23 years of age) 2,40,840,8402,570,9402,570,2802,26,266,940 G (24 years of age 2,272,50,250,250,505,2636,540,505,265,2640, 266,940
D. On January 25, 2017, the Defendant received dividends of KRW 10,00,000,000, excluding the amount of dividends of KRW 10,000,000 to the Defendant, as “the person who subrogated for the highest wage claim,” and the Plaintiff received dividends of KRW 88,713,580, excluding the amount of dividends of KRW 10,00,00 from the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, 6, and Eul evidence 1 to 4.