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(영문) 수원지방법원여주지원 2017.11.02 2017가단53137

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 11, 2013, the Defendant was employed by the Plaintiff as an employee of C in the operation of the Plaintiff, and retired on February 28, 2017, and the Plaintiff paid KRW 3.3 million monthly wage to the Defendant.

B. Around April 2017, the Defendant filed a petition against the Plaintiff on the grounds of the non-payment of retirement allowances with the Sung-nam Branch of the NIC, and the Plaintiff paid the retirement allowances to the Defendant.

[Reasons for Recognition: Evidence Nos. 1 and 2, Evidence No. 2, Evidence No. 2, and the purport of the whole pleadings]

2. Determination as to the cause of action

A. The plaintiff's assertion that monthly salary was 2.5 million won in the Daeenna Co., Ltd. (hereinafter "non-party company"), despite the fact-finding that the monthly salary was 2.5 million won, and that the plaintiff was 3,300,000 won per month by adding the monthly salary to the monthly salary of 300,000 won according to the defendant's intent. The defendant purchased the Nong Life Insurance Co., Ltd. (hereinafter "non-party company") with a monthly premium of 160,500 won in lieu of the defendant's retirement salary, and paid the above monthly premium of 160,500 won in lieu of the defendant's request, and the defendant did not pay the monthly salary of 1.5 million won in the salary statement, and it was inevitable for the defendant to pay the above monthly salary of 1.2,90,000 won in total, 1.5 million won in total to the plaintiff's insurance premium of 300,700 won in total,700 won in addition to the plaintiff's salary of 500.