부당이득금
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff operates the beauty art room with the trade name “D” from Ulsan-gu, Ulsan-gu, and the Defendant worked at the Plaintiff’s beauty room from April 10, 2017 to January 30, 2019.
B. The Defendant received 2 million won per month and 35% of the Defendant sales revenue from the Plaintiff during the period of the Plaintiff’s beauty room’s work as incentives. The sum of the amount received as incentives is 31,389,542 won.
C. After leaving the Plaintiff’s beauty room, the Defendant served in a mutual beauty room called Ulsan-gu E and 2nd floor “F”.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 3 through 6 and the purport of the whole pleadings
2. Determination on the claim for unjust enrichment
A. After concluding a contract on entrustment of business affairs with the Plaintiff, the Defendant filed a petition with the Ministry of Employment and Labor that the Plaintiff did not pay retirement allowances to the Ulsan District Office despite the Plaintiff’s cosmetic franchise.
As a result of the investigation by the labor inspector, the defendant was deemed to have worked as an employee of the plaintiff, and the plaintiff was paid a retirement allowance of KRW 6,584,881 to the defendant.
If the defendant is the plaintiff's employee, the salary to be paid to the defendant is 2 million won per month, and 31,389,542 won, which is 35% of the defendant's sales revenue additionally paid, is unjust, and the defendant is obligated to return it to the plaintiff.
B. It cannot be deemed that a total of KRW 31,389,542 received by the Defendant, on the ground that a contract entered into between the Plaintiff and the Defendant is not a business trust agreement, but a labor contract is recognized as an employment contract.
Rather, according to the above facts and the purport of the whole pleadings, the defendant's work in the plaintiff's beauty room and received an incentive of KRW 2 million per month.
Therefore, the plaintiff's assertion demanding the return of unjust enrichment to the defendant is justified.