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1. The Defendant shall pay to the Plaintiff KRW 40,844,640 as well as KRW 26,295,220 as to the Plaintiff from November 30, 201 to the day of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is an institution that performs the exercise of the right to demand a reimbursement within the scope of a substitute payment made on behalf of the business owner in accordance with Articles 7 (Payment of Overdue Wages, etc.) and 8 (Subrogation of Claim for Unpaid Wages, etc.) of the Wage Claim Guarantee Act upon entrustment of his/her business by the Minister of Employment and Labor.
B. The Defendant, while rendering service in the second floor of Dongdaemun-gu Seoul Metropolitan Government B building, suspended its business due to aggravation of management.
C. The Defendant’s employees filed a claim against the Plaintiff for wages not paid by the Defendant, and the Plaintiff paid a substitute payment of KRW 32,636,490 to seven workers, including C, pursuant to the Wage Claim Guarantee Act.
Since February 6, 2010, the Plaintiff was against the Defendant as Seoul Northern District Court 2010 tea83.
On February 11, 2010, the above court issued a payment order (hereinafter “pre-payment order”) to the Plaintiff for the payment of the substitute payment amount of KRW 32,636,490 and KRW 9,782,030 from August 7, 2008, KRW 22,854,460 from August 8, 2008 to February 23, 2010, and KRW 20% from the following day to the date of full payment. The above court issued the payment order (hereinafter “pre-payment order”) to the Defendant on February 23, 2010, and the above payment order became final and conclusive on March 10, 2010.
E. Since November 29, 201, the Plaintiff recovered KRW 32,636,490, and appropriated the principal for repayment of KRW 26,295,220 (=32,636,490 - 6,341,270). Accordingly, the Plaintiff’s principal became 26,295,220 won (=32,636,490 - 6,341,270).
F. As of November 29, 201, the principal and interest are KRW 40,844,640 (principal KRW 26,295,220 for delay damages of KRW 14,549,420).
G. On February 28, 2020, the Plaintiff filed an application for the instant payment order for the extension of prescription for the claim under the preceding payment order.
【Ground for recognition】 The fact that there has been no dispute, entry of Gap's 1 through 3, the purport of whole pleadings
2. The cause of the action.