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1. The defendant shall pay to the plaintiff KRW 251,031,430 as well as 6% per annum from September 6, 2019 to April 14, 2020 and the next day.
Reasons
1. Facts of recognition;
A. The Plaintiff is a government-invested institution that performs the duty of vicarious payment of unpaid wages and retirement allowances under the Wage Claim Guarantee Act and the exercise of the right to claim wages and retirement allowances on behalf of the Minister of Employment and Labor.
B. From April 2016, the Defendant suspended its business on December 2018 as the management conditions have deteriorated while running its business with the trade name “C” in Seongbuk-gu, Changwon-si, Sungwon-si, and delayed payment of wages and retirement allowances to 52 workers, including D, employed by the Defendant and working for the Defendant at that time.
C. Meanwhile, 52 employees, such as the above D, filed a claim against the Plaintiff for wages and retirement allowances not paid by the Defendant, and the Plaintiff, on behalf of the Defendant, paid a total of KRW 251,031,430 to the said employees as substitute payment (which shall be the unpaid wages for the last three months and the retirement allowances for the last three years) between December 4, 2018 and September 6, 2019 pursuant to the Wage Claim Guarantee Act.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The parties' assertion and judgment
A. According to the determination on the cause of the claim, the Plaintiff is obligated to pay to the Plaintiff damages for delay calculated at each rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 6, 2019 to April 14, 2020, the delivery date of the original copy of the instant payment order, as sought by the Plaintiff, within the limits of substitute payment paid to the Defendant’s employees pursuant to Article 8 of the Wage Claim Guarantee Act. Thus, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at each rate of 2% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
B. As to the judgment of the defendant's assertion, the defendant is unfair in accordance with the superior position of the ordering authority.