손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts below the basic facts are either in dispute between the parties or in accordance with Gap evidence Nos. 5-1, 2, Eul evidence No. 1-3, Eul evidence No. 4-1, and Eul evidence No. 4-8, and there is no counter-proof.
Around June 24, 2009, the defendant joined the plaintiff company and retired from office around October 2009.
B. Around July 6, 2010, the Defendant again joined the Plaintiff Company and then retired from the Plaintiff Company on October 2015.
C. While the Defendant works in the Plaintiff Company, the Plaintiff Company provided the Defendant with a detailed statement of salary, which states only the basic salary, food, and deductible amount, and stated at its bottom as follows: “The present salary is the annual salary system, which includes the amount of retirement pay.”
2. The Plaintiff asserts as follows. A. The Plaintiff asserts as the cause of the instant claim.
The Defendant, at the Plaintiff Company, was absent from office without permission for 31 days in total and dismissed, and the sales amount was reduced by 7020,000 won at the wind of the Plaintiff Company, and the total amount of 1,3810,000 won was not collected due to the failure to meet the payment period. As such, the Defendant suffered damages of 2,0830,000 won, the Defendant is liable to compensate the Plaintiff for damages equivalent to the same amount.
B. The Plaintiff knew that he/she would include the monthly retirement allowance in the monthly salary, and notified the Defendant of the details thereof, the Defendant still demanded the payment of the retirement allowance, and the amount of KRW 10,259,616 corresponding to the retirement allowance paid by the Plaintiff is not recognized as the payment under the division agreement. Thus, the amount of the retirement allowance paid by the Plaintiff should be returned to the Plaintiff on the ground that the Defendant made unjust enrichment.
C. Although the Defendant was absent from office without permission in 2009 for a total of 20 days, total of 6 days in 2012, total of 2 days in 2014, and total of 3 days in 2015, the Plaintiff paid all wages to the Defendant. As such, the Defendant made unjust enrichment equivalent to the sum of 1.520,00 won in Do.