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(영문) 창원지방법원통영지원 2020.06.09 2019가단24369

부당이득금

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs and the Defendants were workers working in the S branch of S branch that is a foreign company until 2014 (hereinafter “S branch”).

B. The Plaintiffs and their employees, including the Defendants, concluded a consulting agreement with T Co., Ltd. (hereinafter “T”) regarding the fiscal calculation of retirement allowances from April 2016 to November 201 after retirement from S Co., Ltd.

C. Around November 2016, 2016, 22 workers including the Plaintiffs and the Defendants selected U as workers’ representatives, and U entered into a delegation contract with V Labor Agency Office (W/X Certified Public Labor Attorney) on the authenticity of wage delayed payment cases (Complaint), claim for payment, etc.

U and Certified Public Labor Attorney W agreed on January 17, 2017 to receive the agreed amount of KRW 440 million and withdraw the petition.

E. On February 2017, 15 employees, including the Plaintiffs, collected the amount from “Z restaurant” located in YY at macro-si, and discussed how to distribute it to 22 employees. ① Method of distributing it in proportion to the actual working period of each employee, ② Method of receiving the same amount (20 million won each), etc. were discussed.

F. Although the opinion on the distribution of the above agreed amount is not uniform, the above ① method was decided by a majority by deciding to distribute the agreed amount by the method of majority, and the plaintiffs and the defendants received the amount according thereto.

G. After doing so, the Plaintiff filed a complaint against U on the charge of breach of trust, but U was rendered a decision that U was not suspected on October 23, 2017.

[Ground of recognition] Facts without dispute, Gap 1, 2, Eul 1 to 3, the purport of the whole pleadings

2. The assertion and judgment

A. According to the Plaintiff’s argument, the agreement amounting to KRW 4,40,000,00,000 prepared by the Plaintiff, taking into account the workers’ wages and working hours, is divided to KRW 77,596,534, Plaintiff A, Plaintiff B, and Plaintiff C, who received KRW 4,798,065, and KRW 45,138,830,000,000,000,000,000 were arbitrarily distributed to the Plaintiffs.