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. The following facts of recognition do not conflict between the parties, or may be found in Gap evidence of 1 to 6, and Gap evidence of 8 to 11 (including each number), together with the whole purport of the pleadings:
1) The Plaintiff is a juristic person established for the purpose of a private teaching institute education project, etc., and its branch office has C&A on the 2 to 5th floor of Gangdong-gu Seoul. 2) The Defendant served as a school lecturer at the C&A operated by the Plaintiff from January 2, 2009 to December 31, 2013.
B. A) On April 9, 2009, the Plaintiff entered into a contract with the Defendant for an instructor with the following terms and conditions. (5) Article 4 [Service Agreement Fee] ① The service fee is 50 minutes and 1TIE. (2) The payment of the service agreement fee shall be 43,000 won per 50 minutes and 1TIE. (3) The payment of the service agreement fee shall be 600,000 won per month for the performance of duties (including party duties). (4) The term “A” (the Plaintiff refers to party duties) shall be settled on the 5th day of the following month based on the aggregate amount from the first day of each month to the last day of each month in accordance with the payment table of the service agreement. (5) The term “A” as a withholding agent, after deducting the business income tax from the payment of the service fee to “B (the Defendant refers to the period of the service agreement)” from the expiration of the service agreement to the 20th day after the expiration of the service agreement.
(hereinafter referred to as “instant service contract,” in total of the series of contracts concluded between the Defendant and the Defendant. The service contract period of the service contract is 1.