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(영문) 서울동부지방법원 2016.09.29 2016가단1626
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts subsequent to the underlying facts may be recognized by adding together the purport (including the fact that there is no dispute) of the entire pleadings to each entry in Gap 2-7 (including each number).

From November 7, 2008 to August 31, 2012, the Defendant, who was employed by the Plaintiff, retired from the service of selling home appliances and miscellaneous goods at the lot b store. After being employed by the Plaintiff, the Defendant retired from the service of selling goods at the same place from December 25, 2012 to September 30, 2015.

The Plaintiff, upon retirement of the Defendant formally, settled the retirement allowance of KRW 2,647,791 from November 1, 2013 to September 30, 2015, and paid to the Defendant.

(2) The Defendant filed a petition with the Seoul Eastern District Office that the Plaintiff paid only the amount calculated by subtracting the period of service from November 7, 2008 to August 31, 2012, and the period of service from December 25, 2012 to October 31, 2013, and that there was a retirement allowance for which the Plaintiff was not paid. The labor inspector of the said Seoul East District Office determined that the Plaintiff’s retirement allowance for the period of service from November 7, 2008 to August 31, 2012, including the remaining period of service from December 25, 2012 to October 31, 2013; and determined that the Plaintiff’s retirement allowance for the period of service from November 31, 2012 to August 31, 2012, including the remaining period of service from December 31, 2015 to October 31, 2013 x 1,14,197

Accordingly, the Plaintiff paid an additional amount of KRW 1,141,959 to the Defendant.

2. Determination on the cause of the claim

A. The Plaintiff asserted that the Plaintiff worked as an employee by entering into an employment contract with the Defendant from November 1, 2008 to August 31, 2012 and from December 25, 2012 to October 31, 2013.

Therefore, for the above period, the defendant's wages from the plaintiff to the average wage of the regular employees who are ordinarily engaged in sales, approximately KRW 1 million per month, and approximately KRW 56,225.

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