부당이득금반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Basic facts
A. The Plaintiff is a corporation established under the Social Welfare Services Act.
B. On March 1, 2015, the Defendant entered into a contract with the Plaintiff to serve as the head of the welfare center (hereinafter “instant welfare center”) from March 1, 2015 to February 28, 2017 (hereinafter “instant contract”).
C. On April 20, 2015, D, a director of the Plaintiff, filed an application with the Defendant for provisional disposition of suspending the performance of duties with the purport of the application, stating that “Until the meeting of the board of directors A, a social welfare foundation, appoints a director of the instant welfare center located in E, the respondent B (Defendant) shall not perform the duties of the head of the welfare center of this case.” On January 12, 2016, Suwon District Court rendered a decision to accept the said application by D on January 12, 2016.
(U) On January 12, 2016, U.S. District Court Order 2015Kahap84, Jan. 12, 2016 (hereinafter “instant provisional disposition order”). Accordingly, the Plaintiff instructed the Defendant to hand over the business to F determined as acting director in the instant provisional disposition order by January 25, 2016, and suspended the Defendant’s duties as of January 26, 2016.
On January 25, 2016, the Plaintiff paid KRW 6,356,870 to the Defendant’s salary. The amount includes KRW 2,620,80, and KRW 845,420 for six days from January 26, 2016 to January 31, 2016, and KRW 7,740 for the calculation of family allowances for the said period.
E. Siri-si had conducted guidance and inspection as to whether personnel expenses, etc. for the instant welfare center employees were properly paid to the Plaintiff. However, the Siri-si ordered the Plaintiff to return the amount of KRW 3,473,960 (the above KRW 2,620,80, KRW 8420, KRW 740) to the Defendant in 2016, which was conducted from November 9, 2016 to November 10, 2016.
The plaintiff on December 28, 2016.