부당이득금 반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. From June 20, 1982, the Defendant worked for the Plaintiff Company, and did not work from July 15, 2014.
B. From August 20, 2014 to February 20, 2015, the Plaintiff paid a total of KRW 39,638,645 won to the Defendant (2,387,045 won paid after July 15, 2014; KRW 4,434,600 for August 15, 2014; KRW 5,322,00 for the bonus of KRW 4,434,60 for September 20, 2014; KRW 4,434,60 for the benefits of KRW 4,60 for October 4, 2014; KRW 4,60 for the benefits of KRW 4,434,60 for the benefits of KRW 4,434,60 for the benefits of KRW 61,60 for the bonuses of KRW 261,00 for the benefits of KRW 4,634,60 for the benefits of KRW 14,2014);
(hereinafter “instant money”). C.
On June 15, 2015, the Defendant filed a petition with C of the Plaintiff to the competent Regional Employment and Labor Office within the Jung-gu District Office on the grounds of the charge of violating the Act on the Guarantee of Workers' Retirement Benefits (i.e., retirement allowance of KRW 40,938,605 on June 20, 1982 to February 28, 2015).
(hereinafter “instant petition”). D.
On August 19, 2015, the Plaintiff issued KRW 8,389,378 to the Defendant.
C During the investigation process, the Plaintiff asserted that “the Defendant retired on July 15, 2014. The Plaintiff paid the retirement allowance in installments in the manner of granting monthly salary and bonus as set forth in the above B, taking into account the Defendant’s economic situation. Moreover, the Plaintiff also argued that the Plaintiff did not have any unpaid retirement allowance since the last settlement of accounts was made on August 19, 2015.”
E. On September 25, 2015, the Central Employment and Labor Agency of the Central Regional Employment and Labor Agency accepted the above assertion and sent C to C on suspicion of prosecution.
On October 20, 2015, the Defendant filed a lawsuit against the Plaintiff claiming wages and retirement allowances of KRW 32,594,227 from the Suwon District Court (No. 2015Gadan29442).
F. On November 25, 2015, the Defendant and C agreed that if C pays 32,00,000,000 won as compensation for damage to the Defendant on December 11, 2015, the Defendant would rescind the instant petition and not be subject to criminal punishment and would no longer raise any criminal objection.
G. On December 11, 2015, the Plaintiff ordered 32,000,000 won to the Defendant, and the Defendant thereafter.