부당이득금
The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
1. Facts of recognition;
A. The Plaintiff is a business owner who operated “I”, the agent of “H” in Cheongju-si, U.S., and the Defendants served as a sales education instructor at the said agency; Defendant B from June 4, 2013 to November 30, 2018; Defendant C from April 2, 2015 to February 20, 2017; Defendant D from May 1, 2017 to February 28, 2019; Defendant E from April 22, 2015 to December 30, 2019; and Defendant F from September 27, 2018 to December 30, 2019, respectively.
B. At the time of joining each of the instant agencies, the Defendants, including the Plaintiff and the national health insurance premium, employment insurance premium, medical care insurance premium, and national pension insurance premium (hereinafter referred to as “four major insurance premium”).
Of the total amount of the employee's share shall be borne by the plaintiff, and the amount of the above reserve shall be accumulated in 50,000 won per month from three months after the entry, and the retirement consolation
“.........”
C. However, after withdrawal from the instant company, the Defendants filed a petition with the Daejeon Regional Employment and Labor Office on the ground that the Plaintiff did not pay part of the retirement allowance, and the Plaintiff paid the Defendants totaling KRW 20,284,670 of the retirement allowance claimed by the Defendants.
On the other hand, the Plaintiff paid 4 major premiums to be borne by the Defendants during the Defendants’ tenure of office.
[Ground of recognition] Unsatisfy, Gap's evidence 1 and 9, the purport of the whole pleadings
2. The assertion and judgment
A. The summary of the Plaintiff’s assertion and the Defendants, instead of paying the Plaintiff’s fourth premium burden on behalf of the Defendants, agreed that the Defendants did not separately claim retirement benefits in addition to retirement consolation money, but were paid retirement allowances on the ground that they did not receive retirement allowances in violation of the aforementioned agreement after retirement.
Therefore, the Defendants are equivalent to the 4th insurance premium paid by the Plaintiff on behalf of the Defendants, namely, Defendant B’s KRW 13,627,480, Defendant C’s KRW 4,342,160, and Defendant D’s KRW 2,249,050.