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(영문) 창원지방법원통영지원 2019.04.04 2018가단3945

선급금 반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Plaintiff’s assertion

From around April 2014 to April 2015, the Plaintiff introduced and paid advance payment to female employees who were employed by the Plaintiff from the Defendant.

Of the female employees introduced as above, C’s advance payment was KRW 14,961,00,000, but the aforementioned advance payment was substituted by the money that the Defendant had kept for the Plaintiff (this was already incurred due to the settlement of accounts by other female employees).

However, C has only worked for an amount equivalent to KRW 2,063,00 and has been temporarily set aside.

The defendant served as a manager for female employees in the course of demanding and receiving advance payments, and settling accounts at the time of leaving the job of female employees. The defendant is obligated to pay the plaintiff 12,354,00 won remaining after deducting the amount equivalent to C’s actual working period from KRW 14,961,00,000, equivalent to C’s actual working period, and delay damages.

Judgment

The Plaintiff’s assertion is the purport that the Defendant either was in the position to be responsible for the settlement of the female employees’ advance payment or agreed on the repayment of the settlement amount. The evidence submitted by the Plaintiff, such as evidence Nos. 1 and 2, is insufficient to acknowledge it. Rather, the Defendant merely introduced and introduced the female employees to the Plaintiff, and there is no evidence to deem that the female employees were taking other nominal money from the Plaintiff’s interest. If the female employees moved to a third party’s business without doing any work as much as the advance payment paid by the Plaintiff, the Defendant paid the difference (i.e., total advance payment - the payment before moving to a third party’s business), but this was an advance payment received from a third party’s business, and unlike other female employees, C without contact.