부당이득금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The Plaintiff’s assertion was made by the Plaintiff Company while serving in the Plaintiff Company from November 16, 2016 to August 23, 2017, and both were paid benefits under the labor contract. The Defendant used the annual difference of 51 times of absence from work, 110 times of temporary retirement, 33 times of early retirement, etc., and thus, the corresponding amount of unjust enrichment should be returned to KRW 17,64,957.
In addition, the Defendant’s bonus of KRW 1.5 million paid by the Plaintiff on January 25, 2017 does not exist in the labor contract, and thus, it should also be returned as unjust enrichment.
2. In the judgment, the plaintiff asserted that the defendant was absent from office, was absent from office, and left from office, and used a vehicle corresponding thereto on the basis of the records of the defendant's vehicle's entry (Evidence A4). However, the evidence submitted by the plaintiff, such as the above vehicle entry records, is insufficient to recognize it (it is not possible to exclude the possibility of normal leave, dispatch, business trip, flexible operation of commuting hours, other vehicles, etc. as argued by the defendant). Rather, there is no evidence to acknowledge it differently. Rather, there is no fact that the plaintiff was absent from office, temporary inspection, or early withdrawal once on the part of the defendant's work period, and there is no fact that the defendant used the vehicle for this reason. Thus, this part of the plaintiff's assertion is without merit.
In addition, in relation to bonuses paid by the Plaintiff to the Defendant, the mere fact that there is no explicit provision on bonuses in a labor contract does not constitute unjust enrichment for the Plaintiff, and it is difficult to regard the bonus paid by the Plaintiff as unjust enrichment for the Defendant, and there is no other evidence to acknowledge it. The Plaintiff’s assertion
3. Conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit.
The judgment of the first instance is just in conclusion.