부당이득금 반환
1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
2...
1. Facts of recognition;
A. The Plaintiff is an industrial trade union organized with workers engaged in the part of the development, such as the Korea Southern Power Development Co., Ltd., the Korea Southern Power Development Co., Ltd., the Korea Western Power Development Co., Ltd., the Korea Chamber Development Co., Ltd., the Defendant is an employee of the Korea Heavy Power Development Co., Ltd. (hereinafter referred to as “foreign company”), who was working as the Plaintiff’s C from April 2006 to March 2008, and from April 201 to January 2012.
B. On September 4, 2006, the Defendant requested the Plaintiff to compensate for the reason that the Defendant was subject to disciplinary action (6 months of suspension from office) from the non-party company and was subjected to deduction of wages during the suspension period.
Accordingly, on October 13, 201, the Plaintiff paid the Defendant totaling KRW 37,384,420 according to the Plaintiff’s Compensation Rules for Victims.
C. However, according to the interpretation of the legal doctrine that a disposition of suspension from office against a full-time employee of a labor union cannot be reduced even if it is a disposition of suspension from office for a full-time employee (hereinafter “non-party company”), the non-party company paid 37,384,420 won, which was deducted from the period of suspension from office to the Defendant on June 7, 2013, and interest on delay (=interest at the rate of 5% per annum per 524 days) 2,683,484 won, total of 40,067,904 won.
Therefore, the Plaintiff requested the Defendant to return the above refund amount to KRW 40,067,904, but the Defendant returned only KRW 33,667,024 among them on June 26, 2013.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 7, 10, 11, Eul evidence Nos. 2 and 6 (including each number), the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the refund amounting to KRW 6,400,880 (i.e., refund amounting to KRW 40,067,904 - KRW 33,667,024) and damages for delay.
There is no dispute between the parties regarding the fact that the defendant should return 40,067,904 won refunded by the non-party company to the plaintiff.
(b).