가불금 등 반환
1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
1. Facts of recognition;
A. The Plaintiff is a corporation whose main business is automobile maintenance, and the Defendant served in the Plaintiff’s rearrangement business establishment from November 15, 2010 to November 30, 2013.
B. The Defendant received the amount of KRW 200,000 or KRW 400,000 per month from the Plaintiff during the period from November 201 to March 2013, 201, from the Plaintiff, in cash, after signing the said amount. The Defendant received KRW 6.6 million in total from the Plaintiff.
C. From November 15, 2010 to November 30, 2013, the Defendant filed a lawsuit against the Plaintiff on wages with the Daegu District Court 2014Kadan5545 regarding the period of service. On April 11, 2014, the said court sentenced the Defendant to pay the unpaid amount of KRW 5.5 million and unpaid retirement allowances of KRW 6,628,810 to the Defendant.
The defendant received the above money from the plaintiff and revoked the complaint against the plaintiff, and on May 26, 2014, the plaintiff was subject to a disposition by the Daegu District Prosecutors' Office to have no jurisdiction over the violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 4 (including branch numbers in case of additional number), Gap evidence 5-1, the purport of the whole pleadings
2. The parties' assertion
A. From October 31, 2010, the Plaintiff asserted that: (a) signed on the temporary payment ledger and paid money for interim settlement of retirement allowances; and (b) the Defendant also received money for interim settlement of retirement allowances for 29 months from November 1, 2010 to March 31, 2013; (c) the Defendant received money for interim settlement of retirement allowances; (d) however, the Defendant was not paid retirement allowances during the period of service, and received KRW 6,628,810 from the Plaintiff by filing a criminal complaint and civil suit to the effect that he did not receive retirement allowances during the period of service.
Ultimately, the amount that the Defendant signed and received in the provisional payment ledger during the above period is without any legal ground, and the Plaintiff suffered damages to the same extent, so the Defendant is obligated to return the said amount to the Plaintiff on the ground of unjust enrichment.
B. The defendant's assertion is at the time of withdrawal on July 31, 2010.