1. The Defendant’s KRW 410,306,100 among the Plaintiff and KRW 165,856,670 among the Plaintiff, shall be KRW 8,580,000 from November 4, 2016.

Description of Claim

The plaintiff is a government-invested institution that performs the duty of vicarious payment of unpaid wages, etc. under the Wage Claim Guarantee Act and the duty of vicarious payment of wages, etc.

The defendant was engaged in the manufacturing business of ships in Jeonnam-gun, Namnam-gun, and was virtually closed around September 2016.

However, when 120 workers, such as C, who were employed by the Defendant at the time, claimed a subrogation payment of overdue wages under the Wage Claim Guarantee Act, the Plaintiff subrogated to pay 410,306,100 won in total as wages in arrears for the last three months from November 3, 2016 to May 30, 2017.

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 his/her law, he/she may subrogate the right of the worker to claim the unpaid wages, etc. to the relevant business owner to the extent of the amount paid.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of subrogated payment of KRW 410,306,100 and the amount of delayed payment of the Plaintiff’s wages paid to each worker at the rate of 6% per annum under the Commercial Act from the following day to the day of service of a copy of the complaint of this case, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of

Article 208(3)3 of the Civil Procedure Act (Judgment by service) of the applicable provisions of Acts