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Reasons
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(영문) 의정부지방법원 2015.04.10 2014나12691
부당이득금반환
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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. C filed a lawsuit claiming wage (hereinafter “instant lawsuit”) against the Plaintiff on July 16, 2013, asserting that the Plaintiff entered into an employment contract with the Plaintiff and provided labor, but did not receive wages of KRW 21,00,000 from the Plaintiff, thereby filing a lawsuit against the Plaintiff on July 16, 2013.

B. From the date of conciliation of the instant lawsuit (hereinafter “instant date of conciliation”), the Plaintiff and the Defendant, who is the Intervenor, agreed to the conciliation provisions as follows (hereinafter “instant conciliation”) on October 1, 2013, and concluded conciliation (hereinafter “instant conciliation”).

Conciliation Provisions

1. The Plaintiff and the Intervenor shall be paid KRW 10,500,000, respectively, to C. The Plaintiff and the Intervenor shall be paid KRW 3,000,000 in four installments, and the Plaintiff shall be paid KRW 2,500,000 until October 31, 2013, KRW 2,500,000 until December 31, 2013, and KRW 2,500,000 until January 31, 2014, and the Intervenor shall be paid KRW 2,50,000 until October 2, 2013, respectively. If the Plaintiff and the Intervenor were to pay each of the above amounts just once after the date following the date of payment, the unpaid amount shall be paid in addition to the annual interest rate of KRW 20% until the date of payment.

2. C waives the remainder of the claim against the plaintiff, and does not make any civil or criminal claim or objection against the defendant who is the co-appellant due to the instant construction project against the defendant.

3. Litigation costs, conciliation costs, and costs for participation shall be borne by each person;

[Ground of recognition] The fact that there is no dispute, Gap's evidence 7-1 and 2, and the purport of the whole pleading

2. Determination as to the cause of action

A. Summary of the plaintiff's assertion

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