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1. As to the Plaintiff KRW 15,083,00 and KRW 2,000 among them, the Defendant shall pay to the Plaintiff KRW 15,00,000 from May 24, 2016, and KRW 10,50,00.
Reasons
1. Basic facts
A. The Plaintiff is a Chinese employee who entered the Republic of Korea as the employment expense. From April 2012 to December 31, 2015, the Plaintiff moved into the Defendant’s home from December 31, 2015, and was to help the Defendant’s children prepare for meals and laundry, etc. The amount of the benefits is the 1,50,000 Plaintiff’s payment date following September 2012.
B. In order to pay retirement allowances following the Plaintiff’s report to the Plaintiff as a foreign worker, the Defendant subscribed to an insurance for departure guaranty with the Plaintiff’s insurance period from June 16, 2014 to July 13, 2016. On April 2015, the Defendant paid KRW 2,075,000, including KRW 1,083,00, which was transferred from the Plaintiff on two occasions, until June 2016, and received a full refund of the insurance premium on the ground that the Plaintiff does not constitute a foreign worker entitled to retirement allowances on November 2016.
C. During the Plaintiff’s day-to-day work, the Plaintiff transferred KRW 3,00,00,000 to the Defendant on October 24, 2014; KRW 10,000,000 on November 26, 2014; and KRW 1,000,000 on March 11, 2015; and KRW 1,000,00,000 on August 19, 2015; and the Plaintiff received KRW 1,00,00,000 from the Defendant on May 21, 2015; KRW 10,000,000 on June 23, 2015; and KRW 10,000,000 on August 25, 2015; and
Meanwhile, during the period from June 5, 2014 to September 28, 2015, the Defendant paid the sum of KRW 2,000,000, health insurance premium of KRW 480,000, national pension premium of KRW 1,350,000, and industrial accident insurance premium of KRW 170,000 for the Plaintiff.
[Reasons for Recognition] There is no dispute; Gap 1 through 4; Eul 1, 3-1, 3-2, and 4; Samsung Fire and Marine Insurance Co., Ltd.; President of the Korea Labor Welfare Corporation; President of the place of origin of the National Health Insurance Corporation; and the head of the original branch of the National Pension Service; the fact-finding results and the purport of the whole pleadings
2. Determination as to the cause of action
A. On October 24, 2014, the Plaintiff transferred KRW 3,000,00 to the Defendant regarding a loan claim.