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(영문) 전주지방법원군산지원 2016.08.26 2015가합11191
부당이득금
Text

1. The Defendant’s KRW 50,971,045 for each of the Plaintiffs and 5% per annum from June 25, 2015 to August 26, 2016.

Reasons

1. Basic facts

A. The Defendant is a company established for the purpose of domestic and foreign air transportation business, etc., and the Plaintiffs were employed by the probationary captain to the Defendant on October 7, 2013, and received education and training necessary to acquire the qualification of the probationary captain, and were assigned as an additional note between June 8, 2014 and October 25, 2014, and retired from office from office from February 8, 2015 to May 31, 2015.

B. On August 5, 2013, at the time of the public announcement of the employment of the newly admitted captain, the Defendant stated in the column of the special engineer “two-year contract for a two-year period (which shall be later than a two-year period of flight time after completion of training or two-year period of employment)” (which shall be later than a two-year period of flight time after completion of training), and the Defendant shall bear expenses incurred in obtaining the qualification of an additional captain and experience of 1

C. The defendant notified 14 applicants, including the plaintiffs, from among the applicants according to the employment announcement of the above new records keeping officer, that they passed the employment procedure, and requested the defendant to pay 80,000,000 won per capita as part of the training expenses for the new records keeping officer.

Accordingly, the Plaintiffs paid to the Defendant the total of KRW 30,000,000, each of KRW 30,000,000 as between October 4, 2013 and October 6, 2013, and KRW 30,000,000 as of December 2, 2013, and KRW 20,000 as of February 20, 2014, respectively, as required by the Defendant.

On October 7, 2013, the Plaintiffs entered into an employment contract with the Defendant for new entry-in-captain (hereinafter “instant employment contract”) with the following terms and conditions.

A labor contract is concluded between the defendant and the plaintiffs as follows:

Article 1 (Service Department and Duties) (1) The defendant shall contract the plaintiffs as annual salary.

1. Work division: Operation training team / Operational operation team;

2. Duties in charge: Article 2 (Period of Contract) (1) The term of this contract shall be two years from October 7, 2013 to October 6, 2015.

(2) The plaintiffs' training period shall be until the day immediately preceding the day on which an additional appointment is made, and a contract shall be terminated if it is deemed inappropriate to perform duties during the training

§ 3.

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