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(영문) 수원지방법원 2018.01.10 2017가단632

부당이득금반환

Text

1. Plaintiff (Counterclaim Defendant) A: (a) KRW 5,00,000 to the Defendant-Counterclaim Plaintiff; and (b) from August 19, 2017 to January 10, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed as the same.

1. Basic facts

A. From October 1, 2002 to May 31, 2012, Plaintiff B served D Co., Ltd. (hereinafter “D”) and Defendant in order from March 15, 2006 to July 20, 2012. The specific period of service is as follows.

Plaintiff

Defendant: (a) on January 1, 2002; (b) on December 31, 2009, D on January 2, 2010; and (c) on May 31, 2012, Defendant B on March 15, 2006; (d) on November 2, 2009, Nov. 2, 2009; and (b) on July 20, 2012.

B. The Defendant paid the Plaintiff a retirement allowance of KRW 14,57,144, totaling KRW 14,577,144, KRW 200,000,000 on July 23, 2012, KRW 9 million on July 25, 2012, KRW 1 million on July 25, 2012, KRW 1477,144 on March 8, 2013, KRW 200,000 on August 22, 2012, KRW 4,939,663 on September 17, 2012, respectively.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 6 and 12, the purport of the whole pleadings

2. Determination on the main claim

A. The plaintiffs' assertion 1) The plaintiffs' assertion 1) established D and the defendant who are juristic persons while running the private business chain F, and the defendant is practically a juristic person established by Eul for the purpose of evading their debts. The plaintiff A worked to F on January 1, 200 and continued to work for D and the defendant without undergoing new approval procedures, and the plaintiff B entered F on March 15, 2006 and continued to work for the defendant without undergoing new approval procedures. Accordingly, the defendant, from January 1, 200 to May 31, 2012, after deducting the remaining retirement allowances of 14,57, 147, 147, 47, 207, 208, 306, 206, 300, 206, 200, 306, 316, 206, 206, 314, 206, 206, 3137, 257, 2636, 206.2