부당이득금
1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 28,805,429 and its payment from November 30, 2017.
1. On the premise, the principal lawsuit and counterclaim shall also be deemed to exist.
A. The Plaintiff is a company aimed at commercializing C or the Plaintiff’s technology.
Defendant is an employee of the Plaintiff.
On May 8, 2012, the Plaintiff was subject to reprimand due to an in-depth job performance and a violation of the regulations in accordance with the management diagnosis results, and on June 10, 2012, the Plaintiff was refused to renew the labor contract (hereinafter “instant dismissal”).
B. The Defendant applied for remedy against unfair dismissal to the Chungcheongnamnam Regional Labor Relations Commission, thereby recognizing the dismissal of this case as unfair dismissal. The Plaintiff filed an application for review with the National Labor Relations Commission, but the National Labor Relations Commission dismissed the Plaintiff’s application for review.
The Plaintiff filed a lawsuit with the Seoul Administrative Court seeking revocation of the judgment rendered by the Central Labor Relations Commission, but was dissatisfied with the dismissal judgment, and dismissed the appeal court, and finally, on January 15, 2015, the Supreme Court affirmed the judgment of the lower court that the refusal by the Plaintiff to renew the labor contract against the Defendant constitutes unfair dismissal, and the said judgment became final and conclusive.
B. According to the above final judgment, the Plaintiff reinstated the Defendant on January 28, 2015, and calculated the unpaid wages as KRW 132,126,280 during the period of dismissal of the Defendant on July 28, 2015, and paid it to the Defendant.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 5, 25, Eul Nos. 5 and 6 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination on the main claim
A. The summary of the plaintiff's assertion is that the defendant earned a total of KRW 9,630,320 from employment in another workplace during the period of dismissal, and thus the plaintiff was exempted from providing labor to the plaintiff during the period of dismissal.
The plaintiff has already paid the unpaid wages to the defendant during the period of dismissal.