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1. The Defendant’s KRW 90,096,880 for the Plaintiff and the following: 6% per annum from March 15, 2016 to February 13, 2019.
Reasons
1. Indication of claim;
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. The Defendant, while operating the Textiles Products Manufacturing Business Co., Ltd in Daegu-gu B, closed the business around November 30, 2015.
When 12 workers, such as D, who were employed by the Defendant at the time, claimed a subrogation payment of overdue wages under the Wage Claim Guarantee Act, the Plaintiff on March 15, 2016, on behalf of the Plaintiff, paid 90,096,880 won in total with the wages in arrears for the last three months and the retirement allowances for the last three years.
C. According to Article 8 of the Wage Claim Guarantee Act, when the Minister of Employment and Labor has paid a substitute payment to a worker under the Act, the right of the worker to claim the unpaid wages, etc. to the relevant business owner to the extent of the amount paid. The defendant has not paid the paid wages by subrogation until now.
Therefore, the Defendant is obligated to pay the Plaintiff the amount of subrogated payment KRW 90,096,880 and the damages for delay calculated at the rate of 6% per annum prescribed by the Commercial Act from March 15, 2016 to February 13, 2019, the delivery date of the application for the payment order of this case, which is the date of the delivery of the application for the payment order of this case, and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date
2. Judgment by a confession within the applicable provisions of law (Article 288 of the Civil Procedure Act, and the defendant stated to the effect that he/she will be present at the first date for pleading although he/she raised an objection against the payment order in this case);