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(영문) 수원지방법원성남지원 2019.11.20 2018가단20278
부당이득금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Defendants were those who were the Plaintiff’s employees; ① from April 1, 2005 to September 5, 2014; ② from June 1, 2015 to July 31, 2016; ② from November 19, 2008 to July 31, 2016; ③ from July 24, 2006 to July 31, 2016; and ④ from November 1, 2006 to August 31, 2016 to Defendant E used respectively.

B. On January 5, 2010, the Plaintiff and the Defendants concluded each annual salary contract with the Defendants to pay the retirement allowances generated by their service for one year in monthly installments, and the Defendants signed and signed the documents containing the phrase “I wish to receive the retirement allowances in monthly installments,” respectively.

C. However, after withdrawal from the Plaintiff Company, the Defendants filed a lawsuit seeking payment of retirement allowances with the Plaintiff by asserting that there is no validity of the agreement on retirement allowances to be calculated on a yearly basis as above. On September 17, 2018, the conciliation was concluded with the purport that on September 17, 2018, the Plaintiff would pay Defendant B KRW 14,557,304, Defendant C, KRW 4,803,882, KRW 10,58,754, and KRW 9,42,250, respectively.

On the other hand, the plaintiff should pay national health insurance premiums, employment insurance premiums, long-term care insurance premiums, and the above insurance premiums below national pension premiums during the period of service of the defendants.

) Payment instead of Gap was made. [Grounds for recognition] Gap 1 through 9 (including numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion, instead of paying the Defendants’ respective retirement allowances in installments with monthly pay, the Plaintiff paid and paid the four major insurance premium to be borne by the Defendants.

However, the Defendants.

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