(영문) 부산지방법원 2019.05.22 2018나52341

손해배상 등 청구의 소


1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal



The court's explanation of this case by the court of the first instance as to this case is identical to the reasoning of the first instance judgment except for adding the following judgments as to the matters alleged by the plaintiff in the trial. Thus, the court's explanation by the main sentence of Article 420 of the Civil Procedure Act is acceptable

(However, the part that conflict with the reasoning of the judgment in the trial is excluded). Although the Defendant did not have worked for the Plaintiff company, the Plaintiff company paid KRW 18,373,200 to November 201, 201, which received benefits, such as national pension premium from January 2008 to national health insurance, and thus, it should return unjust enrichment equivalent to the above amount to the Plaintiff company.


In full view of the following circumstances, the National Health Insurance Act is not sufficient to recognize that the Defendant acquired unjust benefits equivalent to national pension contributions without any legal ground as alleged in the Plaintiff’s assertion, and there is no other evidence to acknowledge otherwise, in full view of the following circumstances: (a) the National Health Insurance Act may benefit from the said insured and his/her dependents; (b) whether the Defendant, who resided in a foreign country for a considerable period of time, received national pension benefits from the national pension contributions paid by the Plaintiff Company; and (c) even if the insurance was applied, it is unclear whether the Defendant received benefits from the national health insurance as an employment provided policyholder by the Plaintiff Company.

Therefore, the plaintiff's assertion is without merit.

Therefore, the plaintiff's claim shall be accepted within the scope of the above recognition and the remaining claim shall be dismissed as it is without merit. Since the judgment of the court of first instance is just in conclusion, the plaintiff's appeal is dismissed as it is without merit.