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1. As to the Plaintiff’s KRW 84,796,180 and KRW 10,805,650 among them, the Defendant shall pay to the Plaintiff KRW 84,796,180 from December 20, 2013, and KRW 61,335,280.
Reasons
1. Facts of recognition;
A. The Defendant is a corporation that operates industrial design, advertising agency, etc., and the employees employed by the Defendant filed an application for recognition of the fact of bankruptcy, etc. with the Seoul Eastern District Office on July 29, 2013 because they did not receive wages, etc. from the Defendant, and the said Seoul East District Office decided to recognize the facts of bankruptcy, etc. against the Defendant on November 26, 2013.
B. Under Articles 7 and 27 of the Wage Claim Guarantee Act, and Article 24 of the Enforcement Decree of the Wage Claim Guarantee Act, the Plaintiff paid 84,796,180 won in total as wages and retirement allowances to 11 workers, etc., including the Defendant’s employees B, etc., on December 20, 2013, KRW 61,335,280 on January 7, 2014, and KRW 11,424,610 on May 13, 2014, and KRW 84,796,180 on July 17, 2014.
[Grounds for Recognition: entry in the evidence of subparagraphs 1 through 3, the purport of the whole pleadings]
2. Determination
A. According to the above facts, when the plaintiff paid a substitute payment to the employee of the defendant, the Minister of Employment and Labor under Article 8(1) of the Wage Claim Guarantee Act, in cases where the substitute payment was made to the employee under Article 7, the plaintiff is subrogated to the business owner's right to claim the unpaid wages, etc. within the extent of the amount paid
The Plaintiff may subrogate the Plaintiff’s right to claim for wages, etc. that the employee has against the Defendant within the limit of the amount that the Plaintiff paid to his/her workers pursuant to the contract. As such, the Defendant may subrogate the Plaintiff’s right to claim for wages, etc. from December 20, 2013 to October 28, 2014, with respect to KRW 11,424,610, which is the payment date, for KRW 84,796,180, and KRW 10,35,650, which is the payment date, from January 7, 2014; and KRW 11,424,610, which is the payment date, from May 13, 2014; KRW 1,230,640, the delivery date of a copy of the complaint of this case from July 17, 2014 to October 28, 2014, respectively, as prescribed by the Commercial Act.