부당이득금
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. On November 1, 2013, the Plaintiff entered into an annual salary contract with the Defendant holding the qualification for fire-fighting system manager necessary to perform the Plaintiff’s duties, with the amount of KRW 45,000,000, which is the annual salary system.
The defendant did not subscribe to the defined contribution retirement pension that all the plaintiff's employees join.
B. On February 10, 2015, C, the representative director of the Plaintiff, prepared and issued to the Defendant a written confirmation as follows (hereinafter “instant confirmation”).
1. Annual salary of 70 million won;
2. National Bank of 4,045,000 won per month, in cash, 1,000 won; and
3. Amount deducted from the taxes; and
4. Allowances and night allowances;
5. They must work faithfully with the Plaintiff Company.
6. From March 1, 2015, the provisions shall apply.
C. C paid KRW 60,300,000 (hereinafter “instant KRW 60,300,000”) to the Defendant’s bank account or paid in cash directly by C from April 10, 2015 to April 11, 2016, in addition to the amount officially paid by the Plaintiff to the Defendant, as a result of the instant written confirmation. < Amended by Presidential Decree No. 27176, May 10, 2016; Presidential Decree No. 27178, Sep. 14, 2019; Presidential Decree No. 27079, Sep. 11, 2019; Presidential Decree No. 27035, Feb. 1, 2019).
On August 14, 2019, the Defendant filed a petition with the Daegu Regional Employment and Labor Office for violation of the Guarantee of Workers' Retirement Benefits Act on the grounds that the Defendant did not pay the Defendant's retirement allowance to C upon retirement from the Plaintiff Company. On November 20, 2019, the said petition case was underway, and on November 20, 2019, the Plaintiff (30,513,295 won, which is the retirement allowance notified to the Defendant by the Daegu Regional Employment and Labor Office (hereinafter “instant KRW 30,513,295”).