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(영문) 서울동부지방법원 2016.04.29 2015나4315

부당이득금

Text

1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From March 6, 2009 to February 20, 2011, the Defendant served as a nurse from a medical clinic operated by the Plaintiff to a medical clinic.

B. At the time of retirement, the Defendant did not receive the total of KRW 550,00 and retirement allowances of KRW 2,878,498 from the Plaintiff and KRW 3,428,498.

C. The Plaintiff repaid the Defendant KRW 3,00,000, totaling KRW 1,500,000 on June 25, 2013, and KRW 1,500,000 on July 25, 2013.

If each of the above repayment amounts is appropriated by law in the order of interest and principal of 20% per annum as stipulated by the Labor Standards Act that occurred from March 7, 2011, which was 14 days after the date of retirement, the balance of principal after appropriation is 2,066,61 won as listed below.

The principal shall be KRW 1,50,661,661 won, which is KRW 3,428 on June 25, 2013 and KRW 3,428 on June 25, 2013, KRW 1,581,585 won, KRW 1,580,000, KRW 81,805 won, KRW 3,428,498 on July 25, 2013, and KRW 56,358 on KRW 1,50,00 on KRW 2,06,61 after appropriation for interest after appropriation for interest payment.

E. On August 22, 2013, the Defendant filed a lawsuit seeking payment of the principal amount of KRW 2,066,661, and damages for delay calculated at the rate of 20% per annum from July 26, 2013, which is the day following the last repayment date, to the day of full payment, after appropriation by Seoul East Eastern District Court 2013Gaso84358.

On November 19, 2013, the above court made a decision of performance recommendation accepting the Defendant’s claim as it is, and the above decision was finalized on December 10, 2013.

F. On December 31, 2013, based on the decision on performance recommendation, the Defendant received the claim amounting to KRW 2,238,788 with respect to the Plaintiff’s claim for expenses incurred in providing benefits to the National Health Insurance Corporation, based on the Sungwon District Court’s Sung-nam Branch Branch 2013TTT17381, and collected KRW 2,225,288 from the National Health Insurance Corporation on January 23, 2014.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1 through 5, and 10, purport of the whole pleadings]

2. The plaintiff's assertion is that the balance of 3,00,000 won repaid by the plaintiff in total of 3,428,498 won of wages and retirement allowances is KRW 428,498. Since the defendant collected KRW 2,225,288 after the defendant, the defendant collected KRW 1,796,790 in unjust enrichment against the plaintiff.

참조조문