부당이득금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. The Plaintiff is a person operating the “D Hospital” in macro-si, and the Defendant is a person who served at the above hospital as an internal doctor.
B. On November 27, 2012, the Plaintiff and the Defendant concluded a labor contract including the following matters:
The period of employment: From November 27, 2012 to November 26, 2014: A special agreement on monthly salary of 19,000,000 won: A pledge that the retirement pay is included in a monthly wage, knowing that it does not bring legal problems with respect to the subsequent retirement pay.
C. The Defendant retired on July 30, 2013 after the commencement of work at the above hospital.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The parties' assertion
A. Since the defendant's period of continuous employment is less than one year, the plaintiff has no obligation to pay retirement allowances to the defendant under the Guarantee of Workers' Retirement Benefits Act.
Nevertheless, the plaintiff made a monthly payment, including retirement allowances, to the defendant while the defendant actually worked. Accordingly, the defendant obtained profits equivalent to the amount of retirement allowances already paid and thereby suffered damages equivalent to the amount of the same amount to the plaintiff, and thus, the plaintiff is obliged to return it to the plaintiff with unjust enrichment.
B. The Defendant’s assertion and the Defendant’s agreement to pay a monthly salary, including retirement allowances, does not intend to conclude an annual salary contract to pay retirement allowances in installments, but is a way to avoid evasion of the Plaintiff’s payment of retirement allowances to the Defendant solely.
The plaintiff did not agree to pay a certain amount in substance as a retirement allowance separately from the defendant's monthly salary.
3. Determination
A. If an agreement was made to pay in advance a certain amount of money with a monthly salary or daily allowance paid by the employer and the employee (hereinafter “retirement allowance installment agreement”), the agreement shall be deemed to have been reached.