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(영문) 수원지방법원 2020.09.10 2019나64297

부당이득반환 청구의 소

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1. Revocation of the first instance judgment.

2. The Defendant (Counterclaim Plaintiff) paid KRW 7.2 million to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s objection thereto on January 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff operated the instant clothing store (hereinafter “instant clothing store”) with the trade name “D” from the C criminal guidance point located in Ansan-si, and the Defendant was employed by the Plaintiff from June 16, 2015 to August 16, 2018 and worked in the instant clothing store.

B. The amount that the Defendant received from the Plaintiff on the 16th day of each month while working in the instant clothing store is as listed below.

The period (time to end) from July 16, 2015 to August 17, 2015, KRW 1600,000 to KRW 1600,000,000,000 to KRW 1.6 million on September 16, 2015 to November 16, 2016, the additional transfer of KRW 200,000,000 to KRW 1.6 million on December 16, 2016 to May 16, 2018, except KRW 1.7,000,000 to KRW 1.6 million on May 16, 2016, the additional transfer of KRW 20,000,000 to KRW 1.67,000,000,000,000 to KRW 1.671,716,000,000 to KRW 1.67167,000,00; and

The fact that a separate transfer of KRW 200,000 after the transfer of KRW 1.8 million from June 16, 2018 to August 16, 2018 is without dispute (based on recognition) and the purport of the entire entries and arguments in subparagraphs A and 4 above is as follows.

2. Determination on the main claim

A. The summary of the parties’ assertion 1) The Plaintiff’s additional payment of KRW 200,000,000 to the Defendant, separate from each monthly wage, from September 16, 2015 to August 16, 2018, shall be agreed to pay a certain amount of money in advance with the monthly wage (hereinafter “Agreement on retirement allowance division”).

The plaintiff paid retirement allowances to the defendant according to the defendant's filing of a petition to the Labor Agency after his retirement.

Such a retirement allowance installment agreement is concluded, and the plaintiff receives the amount in the name of the retirement allowance from the defendant.