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(영문) 전주지방법원군산지원 2019.07.11 2016가단57807

부당이득금

Text

1. The Defendant’s KRW 50,971,045 for the Plaintiff and 5% per annum from December 13, 2016 to July 11, 2019.

Reasons

1. Basic facts

A. The Defendant is a company established for the purpose of domestic and foreign air transportation business, etc., and the Plaintiff is a person who was employed by the probationary captain on October 7, 2013 and received education and training necessary to acquire the qualification of the probationary captain, and was issued as an additional note on June 12, 2014 and retired on October 6, 2015.

B. On August 5, 2013, the Plaintiff reported the new entry announcement posted by the Defendant, and passed the report and support. The Defendant offered the following suggestions to the Plaintiff.

As seen in the paragraph, 80,000 won was demanded as education and training expenses, and the Plaintiff deposited KRW 30,000,000,000 on October 6, 2013, which was before joining the Defendant, to the Defendant, and then paid KRW 30,000,000 on December 5, 201, and KRW 20,000 on February 13, 2014 additionally to the Defendant.

C. On October 7, 2013, the Plaintiff entered into an employment contract with the Defendant for a new entry-in-captain (hereinafter “instant employment contract”) with the following terms and conditions.

A labor contract shall be concluded between the defendant and the plaintiff as follows:

Article 1 (Service Department and Duties) (1) The defendant shall contract the plaintiff as an annual salary.

1. Work division: Operation training team / Operational operation team;

2. Duties in charge: Article 2 (Period of Contract) (1) The term of this contract shall be two years from October 7, 2013 to October 6, 2015.

(2) The training period of a plaintiff shall be until the day preceding the day on which an additional note is served, and a contract shall be terminated where it is deemed inappropriate to perform duties during the training

Article 3 (Education and Training Expenses) (1) Of the Plaintiff’s education and training expenses required during the contract period and the expenses for acquiring 1,000 hours of flight, 80,000,000 won shall be borne by the Plaintiff, respectively.

(2) The expenses for education and training shall be paid to the defendant on the date the plaintiff specifies.

③ At the time of the Plaintiff’s decline during the training period, the Defendant shall return the remaining training expenses, excluding the training expenses required for the Plaintiff, and this contract of employment is terminated.

④ The Plaintiff