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1. The Defendant’s KRW 244,767,230 among the Plaintiff and KRW 13,551,940 among the Plaintiff, shall be KRW 6,30,000 from June 4, 2013.
Reasons
1. Indication of claim;
A. The Plaintiff is a corporation that operates automobile parts manufacturing business, etc. with the authority entrusted by the Minister of Employment and Labor, where a retired employee fails to receive the unpaid wages, etc. on behalf of the employer due to the business owner’s bankruptcy, etc., and subrogated the right to claim the unpaid wages, etc. to the employer within the extent of the amount paid (Articles 7, 8, and 27 of the Wage Claim Guarantee Act). The Defendant is a corporation that operates automobile parts manufacturing business, etc. in the Jeju Gotam-ro 117, 61-51
B. On February 7, 2013, due to the aggravation of the management of the Defendant, a decision was rendered to commence rehabilitation procedures for the Defendant on February 7, 2013 (in Incheon District Court 2013 Gohap1), and 33 persons, including A, who are retired workers of the Defendant, were not paid wages and retirement allowances from the Defendant while retiring.
C. 33 retired workers, including A, filed a claim with the Minister of Employment and Labor for the payment of unpaid wages and retirement allowances. Accordingly, the Plaintiff paid 224,915,290 won in total to three members, including A, on June 4, 2013, as indicated in the details of the payment of the attached substitute payment on behalf of the Defendant pursuant to Article 7 of the Wage Claim Guarantee Act.
Therefore, within the scope of wages and retirement allowances paid to employees A, etc. under Article 8 of the Wage Claim Guarantee Act, the Plaintiff subrogated to the right of employees B, etc. to claim unpaid wages, etc. against the Defendant. As such, for the Plaintiff’s unpaid wages and retirement allowances of KRW 244,767,230 and KRW 13,551,940, from June 4, 2013, the date when the Plaintiff paid substitute payments of KRW 13,551,940 to three employees including A, etc., to KRW 6,30,00,00 from June 5, 2013, from the date when the Plaintiff paid substitute payments of KRW 6,30,00,00 to B, the Plaintiff paid KRW 224,915,290.