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(영문) 창원지방법원 통영지원 2018.07.10 2017가단24556
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in a vessel vessel processing business, and the Defendant served as the Plaintiff’s team leader from around 2013.

B. Upon receipt of a subcontract from the original contractor for the work, the Plaintiff decided the number of inputs for some of the preceding tasks, and ordered the Defendant to work, and the Defendant, accordingly, proceeded with the work ordered to directly recruit employees.

C. On March 19, 2015, KRW 23,232,683, and KRW 23,451,530 on August 17, 2015 were remitted respectively to the Defendant’s deposit account.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 12, 14, Eul evidence Nos. 2 through 6 (including all of the numbers; hereinafter the same shall apply), the whole pleadings, and the assertion and judgment by two parties

A. The Plaintiff’s assertion 1) The Plaintiff’s claim is that KRW 23,232,683, which was remitted on March 19, 2015 to the Defendant’s deposit account from the Plaintiff’s deposit account, and KRW 23,451,530, which was remitted on August 17, 2015, were paid without any legal cause. As such, the Defendant shall return KRW 46,684,213, which is the sum of the said money, to the Defendant’s unjust enrichment. (ii) The said KRW 46,684,213, which was remitted by the Defendant from the Defendant to the Defendant’s deposit account, was paid to the employees’ expenses for human resources management, such as lodging, meal, allowances, etc.

B. In light of the following circumstances, it is reasonable to view that the above KRW 46,684,213, which the Plaintiff remitted to the Defendant, received human resources management expenses, such as daily consumption, etc. of the workers directly recruited by the Defendant according to the Plaintiff’s instruction, and thus, the Plaintiff’s assertion that the said money was paid without any legal ground cannot be accepted.

1 The defendant shall work as the team leader of the plaintiff's quantity team and shall be the number of workers determined by the plaintiff.

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