1. The Defendant’s KRW 103,228,870 for the Plaintiff and KRW 6% per annum from November 21, 2014 to November 1, 2016, and the Plaintiff.

1. Determination on the cause of the claim

A. In light of the purport of the argument in the evidence Nos. 1 and 2, there is no dispute between the parties to the dispute, or comprehensively taking account of the purport of the argument in the evidence Nos. 1 and 2, the defendant went bankrupt without paying wages and retirement allowances to the employees, and the plaintiff paid to 33 employees of the company operated by the defendant on Nov. 21, 2014 in accordance with the Wage Claim Guarantee Act, 103,228,870 won as retirement allowances for the last three years.

B. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff a substitute payment of KRW 103,228,870 for another person paid by the Plaintiff, and a substitute payment payment of KRW 6% per annum under the Commercial Act from November 21, 2014 on which the original copy of the instant payment order was served to the Defendant from October 26, 2016, and a delay damages calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

2. As to the Defendant’s defense, the Defendant’s defense that the Defendant could not respond to the Plaintiff’s claim upon receiving bankruptcy and decision of immunity, according to each of the evidence Nos. 1 and 2, the Defendant filed for bankruptcy and exemption with Suwon District Court Decision 2014Hadan4548, 2014da458, 2014da458, and filed for exemption from immunity on December 2, 2015, and the said decision of exemption became final and conclusive at that time.

However, in cases of wages, retirement allowances, and accident compensation for workers, it constitutes estate claims stipulated in Article 473 subparagraph 10 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”), and it also constitutes non-exempt claims stipulated in Article 566 proviso 5 of the Act. Therefore, even if the debtor has received the decision to permit exemption, it does not affect the decision to permit exemption, and Article 8 (1) of the Wage Claim Guarantee Act provides substitute payment to the worker pursuant to Article 7.