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(영문) 춘천지방법원강릉지원 2016.09.13 2015나6422
부당이득금
Text

1. The following amounts among the parts concerning Defendant B Co., Ltd. in the judgment of the court of first instance.

Reasons

1. The reasoning for this Court’s explanation concerning this part of the basic facts is as stated in the “1. Basic Facts” among the reasons for the judgment of the court of first instance, and this part is cited by the main text of Article 420 of the Civil Procedure Act.

[Supplementary Contents] On the 2th judgment of the first instance court, the following 7 articles shall be referred to as the “instant arrangement”:

In addition, “the retirement allowance of the first instance court” is added to “the retirement allowance of the third 12th 3th 12th 12th 3th 3th 1st 1st 3th 3th 3th 1st 1st 3th 3th 3th 1st 3th 3th 3th 120. The Plaintiff’s retirement

"in addition".

2. Summary of the parties’ assertion

A. Plaintiff 1) The Plaintiff was working for the Defendant Company (mainly Defendant) in the International TS Co., Ltd. (hereinafter “International TS”) (hereinafter “International TS”) until June 2012. Upon receiving a proposal from the head of the Defendant Company C, the head of the team of the Defendant Company C to “to treat the Defendant Company at a level above the wage level received from the International TTS, as he wanting to start the pumps business,” the Plaintiff retired from the international TS and concluded a labor contract with the Defendant Company on July 1, 2012 following the retirement of the international TS.

On November 2012, Defendant C received a demand from Defendant C to “The sales generated by the Plaintiff is low compared to the payment of wages or vehicle maintenance expenses that the Defendant Company provided to the Plaintiff, and thus, entered into a contract with the Plaintiff as liable for damages and losses,” and drafted the first annual salary contract.

The instant agreement contained in the first annual salary contract is “a contract under which a penalty or damages for nonperformance of an employment contract is scheduled” and is null and void pursuant to Articles 20 and 15(1) of the Labor Standards Act.

In addition, the instant agreement purporting to transfer various expenses to be borne by the Defendant Company to the Plaintiff is the Guarantee of Workers' Retirement Benefits Act.

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