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(영문) 인천지방법원 2019.01.08 2017나69543
부당이득금
Text

1. The appeal filed by the Counterclaim Plaintiff is dismissed.

2. The costs of appeal shall be borne by the Counterclaim Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant, on behalf of the Defendant, worked at the Plaintiff’s workplace as a defense industry company, from December 19, 200 to March 31, 2002, and received 854,333 won of retirement allowances from the Plaintiff upon retirement.

B. Around May 27, 2002, the Defendant re-entered the Plaintiff and retired from office until March 25, 2016. Around December 31, 2008, the Defendant received KRW 793,848 of the retirement allowance with respect to the portion of labor from July 1, 2008 to December 31, 2008 from the Plaintiff, and received the retirement allowance for the pertinent year from the end of each year to 2011, respectively.

As of January 1, 2013, the Plaintiff implemented the retirement pension system, and accordingly, the Defendant was paid KRW 9,437,481, including retirement allowances reverted to the year 2012, as of March 25, 2016.

C. On May 27, 2002 to June 30, 2008, the Plaintiff’s representative C received an investigation into a violation of the Guarantee of Workers’ Retirement Benefits Act by stating that it did not pay KRW 10,379,034 to the Defendant for retirement allowances from May 27, 2002 to June 30, and paid KRW 10,379,034 to the Defendant around April 7, 2017.

The Plaintiff’s representative director C received a summary order of KRW 1,500,000 on the ground that the Defendant did not pay KRW 10,379,034 for the portion of his/her service from May 27, 2002 to June 30, 2008, as retirement allowance of KRW 10,379,034 for the part of his/her service from May 27, 2002 to June 30, on the ground that the cause for the payment occurred within 14 days from the date of the occurrence of the cause for the payment, and the above court sentenced C to KRW 50,000 for a formal trial against the summary order in the case of the Busan District Court Branch Branch of the Incheon District Court that requested

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 3, 4, 5, 6, 8 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The plaintiff asserted that the plaintiff paid retirement allowances to the defendant each month from May 27, 2002 to June 30, 2008, and the total amount is KRW 9,175,384.

The plaintiff around April 7, 2017.

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