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(영문) 서울동부지방법원 2020.12.11 2020가단141361
구상금
Text

The defendant shall pay to the plaintiff KRW 59,292,310 as well as 5% per annum from February 6, 2015 to September 6, 2020 and the next day.

Reasons

1. Facts of recognition;

A. The Plaintiff is a government-invested institution that performs the duty of subrogation on the part of the Minister of Employment and Labor to pay unpaid wages under the Wage Claim Guarantee Act and the vicarious exercise of the right to claim wages.

B. From April 30, 2013, the Defendant run the wholesale and retail business of agricultural and fishery products in Gwangjin-gu Seoul Special Metropolitan City as “Co., Ltd. A” and closed the business around November 10, 2014 due to the aggravation of management status.

C. The defendant is employed by the above company at the time.

The Plaintiff paid 59,292,310 won (wages 51,118,260, retirement pay 8,174,050 won) to the said employees on behalf of the Defendant on February 6, 2015, pursuant to the Wage Claim Guarantee Act.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the plaintiff may subrogate the right to claim the unpaid wages, etc. against the defendant who is the business owner within the limit of the substitute payment made to workers as above. As such, the defendant is obligated to pay to the plaintiff the above 59,292,310 won and the 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 February 6, 2015 to September 6, 2020, which is the delivery date of the original copy of the payment order in this case, within the scope of the interest rate stipulated by the Labor Standards Act from February 6, 2015 to September 6, 2020.

3. Conclusion, the plaintiff's claim of this case is accepted as reasonable.

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