1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant, while serving as a teacher of a private school, entered into a contract for the employment of a contractual teacher with the head of the B high school, and worked at B high school which is a public high school during the contract period.

B. The Gyeonggi-do Office of Education, as a result of a specific audit, ordered the Defendant to recover the salary unfairly on the ground that the principal paid excessive salary by defining the salary class by including the Defendant’s existing experience, even though it is necessary to determine the salary class 14 at the upper limit when hiring a retired teacher of a private school such as the Defendant as a fixed-term teacher.

C. Accordingly, on September 20, 2016, the principal of the B High School issued an order to correct the salary class of a fixed-term teacher against the Defendant (hereinafter “the first disposition”), and accordingly, claimed that the amount of salary KRW 83,589,570 was excessive, and urged the Defendant to return that amount.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. The principal of the Plaintiff’s argument B High School took the initial measure to correct the Defendant’s salary class, and according to which the amount of KRW 83,589,570 was paid excessively, the Defendant is obligated to return that amount to the Plaintiff as unjust enrichment.

B. According to the evidence evidence No. 6, the defendant, who is dissatisfied with the original disposition on September 19, 2017, filed a lawsuit against B high school principal seeking the correction of salary class (Seoul District Court 2017Guhap68814, hereinafter “relevant administrative litigation”). During the administrative litigation, B high school principal had cancelled the original disposition and given the defendant an opportunity to present his/her opinion under the Administrative Procedures Act, and issued a corrective order of salary class (hereinafter “instant disposition”) with the same content as the original disposition on July 10, 2018 (hereinafter “instant disposition”). The instant disposition on November 1, 2018 in the relevant administrative litigation is legal basis.