부당이득금
1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 12,00,000 and its payment from January 14, 2016.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Defendant served as a part-time lecturer in the Department of Multi-Design at the National University, B University Ccampus, a national university, from 1 semester 2014 to 2 semester 2015.
The duration of the contract shall be 4 hours a week for the subject in charge of the contract term, 1 semester 2014, 4 hours a semester 1 semester 4 hours a semester 2, 2014 4 hours a semester 2, 2014 4 hours a semester 2, 2015, 4 hours a semester 2, 2015 residential space design plan 4 hours a semester 2,015
B. The Defendant entered into an employment contract with the president of B University every semester. According to Article 3 of the employment contract, tuition fees shall be KRW 80,000 per hour in the case of occupational change, and KRW 30,000 per hour in the case of non-exclusive business, and the number of weeks per semester x unit price per semester, and the payment date of remuneration shall be based on the fifth day of each month or the last day.
C. The Defendant notified that he constitutes “full-time lecturer” on the side of B University, and received tuition fees of KRW 19,200,000 per hour from 1 semester in 2014 to 1 semester in 2015 (i.e., 80,000 x 16 hours x 15 weeks). The Defendant was admitted as an employee insured of D based on the health insurance for the foregoing period.
With respect to the tuition fees for the second semester in 2015, the Plaintiff deemed the Defendant as a part-time lecturer for non-exclusive business, and paid 1,800,000 won per hour (=30,000 won x 4 hours x 15 weeks).
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 5 (including those with a shot number), the purport of the whole pleadings
2. Determination on the main claim
A. At the time of conclusion of an employment contract, the Plaintiff and the Defendant agreed to pay the tuition fee per hour according to whether the Plaintiff is a full-time lecturer or a part-time lecturer, and whether the Defendant is a full-time lecturer or a part-time lecturer, and whether the part-time lecturer is a full-time lecturer or a part-time lecturer, and the part-time lecturer or part-time lecturer is a different occupation.