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(영문) 서울중앙지방법원 2014.10.23 2014가단5074738
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of premise;

A. On April 1, 1999 to September 30, 2003, the Plaintiff, an attorney-at-law, was the workplace subscribers of the National Pension Service (the operation of the law office) from October 1, 2003 to August 23, 2006 (the age of 60 years). The said law office is a mandatorily applicable workplace under Article 8(1) of the National Pension Act (see relevant statutes).

B. On January 12, 2007, the Plaintiff filed a claim with the Defendant for the payment of a lump-sum refund on January 12, 2007 under the condition that the pension premium as a workplace subscriber was not paid at all, and the Defendant paid only a lump-sum refund of KRW 6,142,170 during the regional subscription period.

C. On February 27, 2014, the Plaintiff paid the total pension contributions (=charges + contributions) and overdue interest, etc. for the period of the workplace insured, and the Defendant additionally paid the lump sum refund of KRW 10,926,230 (total amount = 17,482,170- previous payment) on March 20, 2014.

[Reasons for Recognition] : Facts without dispute, Gap 1, 2, Eul 1, and the purport of the whole pleadings

2. Determination

A. The plaintiff asserts that even if the plaintiff reached the age of 60 and the national pension relationship was cancelled, the defendant did not refund the arrears while paying a lump-sum refund to the plaintiff, even though he did not impose unpaid pension contributions, and even if he did not refund the arrears to the plaintiff. This is against the justice and equity, as well as against the principle of cancellation. Thus, the defendant asserts that the above arrears should be returned as unjust enrichment.

The provisions of the National Pension Act and the Enforcement Decree of the same Act (see the relevant Acts and subordinate statutes) include (1) provisions on late payment charges, such as collecting arrears equivalent to 30/1000 of delinquent pension contributions if pension contributions (in the case of workplace-based insured persons, the total amount of contributions of the workplace-based insured persons, and the employer contributions) are delinquent (Article 97), and (2) The period of subscription is less than 60 years.

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