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(영문) 대전지방법원공주지원 2015.04.16 2014가단2036
부당이득금반환
Text

1. As to the Plaintiff A’s 11,179,15 won, Plaintiff B’s 8,554,837 won, and each of the above amounts, from July 18, 2014.

Reasons

1. Basic facts

A. On June 29, 2007, Plaintiff A entered a labor relationship between the Plaintiffs and Doidi (hereinafter “Doidi”) and retired on May 1, 201, and Plaintiff B retired on December 1, 2004, respectively.

(2) From Zidi; ① Plaintiff A was not paid KRW 2,510,00 for March 201; KRW 2,400 for April 201; KRW 9,458,590 for retirement allowances; ② Plaintiff B was not paid KRW 1,70,00 for March 201; KRW 1,700 for retirement allowances; KRW 11,025,230 for retirement allowances, respectively.

B. On June 16, 2011, Plaintiff A re-entered in the second employment relationship between the Plaintiffs and Gidi and retired on June 8, 2012. Plaintiff B re-entered on June 16, 201, and withdrawn on September 30, 2012.

(2) From ASEAN; ① Plaintiff A did not receive the wage of KRW 1,00,00 for June 201; KRW 2,192,620 for May 201; KRW 351,620 for June 2012; ② Plaintiff B did not receive the wage of KRW 1,275,00 for June 6, 201; KRW 821,160 for December 201; KRW 1,053,830 for the wage of KRW 1,285,230 for the wage of KRW 1,285,230 for the wage of August 201; and KRW 574 for the wage of KRW 574,920 for the wage of KRW 1,624,75 for the retirement allowance of KRW 175 for the wage of KRW 20 for the retirement allowance of KRW 201.

C. The plaintiffs' demand for distribution (1) made a demand for distribution to the Daejeon District Court for the first three-month wage in the auction procedure for the public real estate C real estate rental with the Daejeon District Court, ① the total of KRW 4,910,000 for the last three-month wage not received in the first employment relationship and ② the total of KRW 3,543,240 for the last three-month wage not received in the second employment relationship, excluding the remainder of KRW 7,269,115, and ② the total of wages for the last three-month wage not received in the second employment relationship

(2) In the auction procedure of real estate C’s real estate investment in Daejeon District Court, Plaintiff B shall be the first priority repayment right holder for KRW 3,400,00 in total, and KRW 5,514,837 in total, for the last three months, and KRW 2,913,350 in total, and KRW 1,624,175 in total, for the last three months, which were not received in the second employment relationship.

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