부당이득금
1. Of the judgment of the court of first instance, the costs of KRW 106,552,580 against the Defendant-Counterclaim Plaintiff (Counterclaim Defendant) and the costs of KRW 28,000 among them.
1. The Plaintiff filed a claim for return of unjust enrichment at the first instance court, and the unpaid wages and retirement allowances from February 1, 2016 to February 17, 2016, and delay damages.
The first instance court accepted ① a claim for return of unjust enrichment, ② a claim for unpaid wages from February 1, 2016 to February 17, 2016, ③ partial acceptance of a claim for retirement allowance, and subsequently dismissed the remainder of the Plaintiff’s claim.
In this regard, only the defendant appealed against the defendant among the judgment of the court of first instance, and the defendant filed a preliminary counterclaim on the condition that the plaintiff's claim for the principal lawsuit will be accepted at the court of first instance.
Therefore, the subject of this Court's trial is limited to the part of the main claim and the defendant's ancillary counterclaim.
2. The reasoning for this part of the lower court’s reasoning is as stated in Paragraph 1 of the reasoning of the first instance judgment, except that the second 9-10th second tier of the first instance judgment is dismissed as follows. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
A. The Defendant is a stock company established on March 23, 201 for the purpose of the processing, wholesale and retail business, etc. of livestock products. The Plaintiff is a person who, from July 27, 2010 to July 17, 2018, entered in the legal brief from the Defendant of “E” as of July 17, 2018. Although there is a president contract with “E” as of September 30, 2010, there is only the Plaintiff’s personal information and the seal, and there is no entry (name, signature, seal, etc.) in the form of “E” as a party to the contract. The representative F of “E” is not the same as the Defendant’s representative director who is a corporation. From March 23, 2011 to February 17, 2016, the Plaintiff is a person who worked as the Defendant’s “business team leader” or “business team leader”.
3. Determination on the main claim
A. The plaintiff's assertion is a subordinate relationship with the defendant for the purpose of wages, such as under the defendant's direction and supervision in the course of performing his duties.