퇴직금
1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).
purport, purport, and.
1. In the first instance court’s trial scope, the Plaintiff claimed a main lawsuit claiming a retirement allowance, and the Defendant filed a counterclaim claiming a return of unjust enrichment, which partly accepted the main claim, and all of the counterclaim claims were accepted.
Since it is apparent that the plaintiff filed an appeal only for the part concerning the counterclaim claim in the judgment of the court of first instance, the subject of adjudication in this court is limited to the part concerning the counterclaim claim.
2. Basic facts
A. On August 19, 2012, the Plaintiff was employed by the Defendant, who operated a restaurant under the trade name “C”, and retired on August 4, 2014.
B. On August 19, 2012, the Plaintiff drafted a written employment contract with the Defendant with the following content.
1. Services: blades;
2. Pay: 2,500,000 monthly salary / (1) It is confirmed that this salary is an amount determined by including all overtime work, night work, holiday work, and legal allowances for retirement allowances which inevitably occur in accordance with the working conditions provided for in Article 3 in the characteristics of duties, and the constituent elements of the working hours for the comprehensive wage are as follows:
(2) Benefits shall be calculated from the first day of each month to the last day of each month, and shall be paid in cash or in the designated bank account.
[Reasons for Recognition] Unsatisfy, entry of Eul evidence No. 1
3. The defendant's assertion and judgment
A. The Defendant alleged that the Defendant entered into an employment contract with the Plaintiff to pay the retirement allowances in monthly pay. Accordingly, from August 2012 to August 2014, the specific details of the retirement allowances in advance of KRW 5,028,80 were paid, referring to the details of payment of the retirement allowances in advance. If the payment of the prepaid retirement allowances is invalidated, the Plaintiff would have received KRW 5,028,800 from the Defendant without any legal cause, and thus, the Plaintiff is obligated to return such amount to the Defendant for unjust enrichment.
B. A certain amount of money as retirement allowance, along with a monthly wage or daily wage paid by the employer and the employee concerned.