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(영문) 창원지방법원진주지원 2017.08.29 2016가단8233

부당이득금

Text

1. Defendant (Counterclaim Plaintiff) and Defendant C are jointly and severally liable for KRW 18,005,849 against the Plaintiff (Counterclaim Defendant) and the aforementioned amount. < Amended by Presidential Decree No. 26558, May 2015>

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The defendant B consented to be engaged in the vessel or its ancillary facilities for the fishery and the fishery industry designated by the plaintiff, and does not raise an objection against this.

Article 2 (Term of Contract) This Agreement shall be from July 1, 2015 to March 31, 2016.

Article 3 (Payment of Wages) The statutory leave period shall include the calculation of wages only for the number of working days and the number of days for which a worker has not worked shall be excluded from the total wages.

① The monthly salary of Defendant B shall be set at KRW 2,00,000 per day and shall be referred to as “basic salary”.

② The Plaintiff agree to pay KRW 3,00,000 per day, including advance payment, to Defendant B.

③ Defendant B shall set KRW 27,00,000 as the payment key of the average middle class of the other boat group for production by working as fishing place until the expiration of the period of contract, and shall be determined by deducting advance payment during the period of contract from the payment key.

Article 4 (Contract Deposit) Defendant B promises to faithfully comply with the contract term in the conclusion of this contract, and claims that the Plaintiff pay KRW 20,000,000 as contract deposit, and agrees to the following:

② Defendant B shall immediately return the down payment to the Plaintiff at the time of termination of the contract due to inevitable circumstances recognized by the Plaintiff, and the Defendant B shall calculate the transplant from the date of receipt of the down payment to the date of repayment to the date of repayment to the Plaintiff.

③ Defendant B, upon the completion of the contract, shall first arrange advance payment in the production incentive when the production incentive accrues, and shall immediately refund the amount of the mother and child to the Plaintiff.

Provided, That transplant shall be determined as non-existent.

Article 13 (Production Encouragement Encouragement) The Plaintiff and Defendant B shall be KRW 100,000,000 if the remaining amount after deducting 8% of the commission from the total catcher per year (within the contract period) in order to create a sincere and resistant fishing environment exceeds 3 billion.