근로에관한 소송
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Facts of recognition;
A. The Plaintiff and the Defendant, from February 2015 to August 2016, agreed to receive the monthly activity cost.
B. The Plaintiff received KRW 27.5 million from the Defendant as activity expenses.
[Reasons for Recognition] Unsatisfy, Gap evidence 5, the purport of the whole pleadings
2. The Plaintiff’s summary of the Plaintiff’s assertion as to the cause of the claim is paid KRW 1.5 million each month from February 2, 2015 to August 2015, and KRW 3,6.5 million each month from September 2015 to August 2016 (= KRW 1.5 million x KRW 3 million each month (from February 1.5 million to August 2015) x 12 months (from September 2015 to August 2016). However, the Plaintiff was paid only KRW 27.5 million until now.
Therefore, the defendant is obligated to pay to the plaintiff the remainder of 19 million won (=46.5 million won - 27.5 million won).
3. Determination
A. The Defendant’s obligation to pay activity expenses 1) The fact that the Defendant agreed to pay KRW 1.5 million to the Plaintiff as activity expenses does not conflict between the parties. However, it is difficult to acknowledge that the evidence submitted by the Plaintiff alone agreed to pay KRW 1.5 million, not KRW 1.5 million, from September 2015, and there is no other evidence to acknowledge the agreement (In light of the evidence evidence No. 3, it can only be recognized that the Plaintiff’s activity expenses amount to KRW 1.5 million and that the Defendant intended to adjust the benefits according to changes in the circumstances.
(2) If so, the Defendant is obligated to pay to the Plaintiff KRW 28.5 million (= KRW 1.5 million x KRW 27.5 million - KRW 27.5 million - KRW 7.5 million - the Defendant is obligated to pay the Plaintiff the remainder of KRW 1 million, which the Plaintiff was paid from 19 months (from February 2015 to August 2016) (i.e., KRW 28.5 million).
B. According to the defendant's counterclaim 1) Gap evidence 25, Eul evidence 25, Eul 1 and 5 (including virtual number), the plaintiff can be acknowledged that the plaintiff arbitrarily transferred the total of 14,205,179 won to the plaintiff's account while keeping the proceeds of goods deposited to the defendant's account as shown in the following table.
Therefore, the defendant is equivalent to the above 14,205,179 won to the plaintiff.