부당이득금 반환
1. The plaintiff's appeal and the claim for return of unjust enrichment expanded by this court are dismissed, respectively.
2.The Court.
1. Determination on the claim for restitution of unjust enrichment
A. The gist of the Plaintiff’s assertion was from July 1, 2006 to December 31, 2010, the Defendant served in the glass processing and sales chain C Co., Ltd. operated by the Plaintiff. From January 1, 2011 to July 31, 2015, the Defendant received retirement allowances of KRW 21,80,000 per month from the Plaintiff’s individual in accordance with the mutual agreement on the payment of retirement allowances. The agreement on the payment of retirement allowances is null and void. As such, the Defendant’s agreement on the payment of retirement allowances is deemed null and void, the Defendant should return to the Plaintiff the retirement allowances of KRW 4,481,238 (from January 1, 2011 to July 31, 2015, the retirement allowances of KRW 8,962,477, more than 1/27,000 per month, excluding the retirement allowances of KRW 21,800,71 and delay damages).
B. There is no dispute between the parties that the Defendant, from July 1, 2006 to July 31, 2015, was employed and worked as a company operating the Plaintiff and the Plaintiff’s individual.
In order to establish a claim for return of unjust enrichment on retirement pay paid pursuant to an invalid retirement allowance installment agreement, the Plaintiff and the business owner should prove that there was an agreement on the installment payment of retirement pay between the Plaintiff and the business owner, and that the payment was made in advance for the purpose of retirement pay distinct from wages pursuant to such agreement. However, each of the statements of evidence Nos. 1 through 4, 6, and 7, in itself, entered into an agreement with C or the Defendant
It is not sufficient to recognize that the Plaintiff paid KRW 200,000 per month for the purpose of retirement allowance by distinguishing the amount from the amount of wages according to the agreement, and there is no other evidence to acknowledge this otherwise.
2. On March 18, 2013, the Plaintiff: (a) the Defendant stolen air conditioners owned by the Plaintiff and inflicted damages equivalent to KRW 200,00 on the Plaintiff; and (b) around August 2013, the Plaintiff incurred damages to the Plaintiff.