부당이득금
1. The Defendant’s KRW 8,504,950 for the Plaintiff and 5% per annum from March 1, 2005 to November 12, 2014.
1. Basic facts
A. The Plaintiff (formerly, a social welfare foundation C Child Care Center) is a social welfare foundation established on January 19, 191 by the network D (Death around April 22, 2004) for the purpose of the establishment and operation of child care centers for infants under the Infant Care Act.
The Plaintiff, as its affiliated nursery facilities, has C Child Care Centers (hereinafter referred to as “Child Care Centers”), and the Defendant, who is the Dong of the network D, worked as the head of the Child Care Center from October 26, 2003 to November 31, 2010.
B. Meanwhile, in addition to the Plaintiff or its affiliated childcare center, the network D already established E Kindergartens, a private kindergarten (hereinafter “instant kindergarten”) on February 15, 1984, and the Defendant served as the head of the instant kindergarten from March 2004 to February 2005.
[Judgment of the court below] The ground for recognition is without dispute, Gap evidence 1, 8, 9 (including the number of branch offices; hereinafter the same shall apply), witness F's witness F's testimony, the purport of the whole pleadings
2. The gist of the Plaintiff’s assertion was that the Defendant concurrently held office as the head of the childcare center in this case and the kindergarten in this case from March 2004 to February 2005. While F had the Plaintiff work at the kindergarten in this case for the above period, F paid 8,504,950 won in total as the Plaintiff’s financial resources irrelevant to the kindergarten in this case for March 4, 404, May, 12, 2005, and for January 1, 2005, and for February 1, 2005. Furthermore, the Defendant had the Plaintiff pay 16,000,000 won in total as the Plaintiff’s financial resources from May 2004 to February 2005 (1.6 million won x 1.6 million won in x 10 months in total, 2059, 804, 9050, 905 won in delay, 2005).
3. Determination
A. The Plaintiff to determine the F’s wage portion is against F with the same subject matter of lawsuit as the Gwangju High Court Decision 2014Na1415.