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(영문) 서울중앙지방법원 2014.06.13 2013가단151671
부당이득금 반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs were transferred on January 1, 2010 to Defendant SC Development Co., Ltd. (hereinafter “Defendant SC Development”), which is the subsidiary company of Defendant Sports Help Co., Ltd. (hereinafter “Defendant SC Development”), while entering the Defendant Sports Help Co., Ltd. (hereinafter “Defendant Sports Help”), and was dismissed on January 1, 2013.

B. Since then, the Plaintiffs filed a complaint against the Defendants on charges of unfair dismissal, etc., and the settlement between the Plaintiffs and the Defendant on April 12, 2013 (hereinafter “the settlement in this case”) was established as indicated in the separate sheet.

C. According to the reconciliation of this case, the Plaintiffs withdrawn the complaint against the Defendants.

Prior to the payment of the amount to be paid by the Defendants to the Plaintiffs upon the instant settlement (hereinafter “the instant settlement amount”), the Defendant Sports Help confirmed that the instant settlement amount is subject to income tax, and paid only the amount calculated by deducting the amount from KRW 22,00,000 to KRW 4,840,000, respectively, to the Plaintiffs.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 1, the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The Defendants alleged by the Plaintiff did not pay to the Plaintiffs the amount of KRW 4,840,00, which is part of the agreed amount in the settlement of this case. Therefore, the Defendants are liable to pay the unpaid settlement amount to the Plaintiffs.

In other words, the defendants' failure to pay each of the plaintiffs 4,840,000 won as income tax withholding constitutes default.

B. As seen in the above basic facts, the result of Defendant Sports Shipbuilding’s inquiry with the tax authority around April 2013 verified that the amount of reconciliation in this case is subject to income tax, and paid the remaining amount of settlement to the Plaintiffs after withholding the amount equivalent thereto.

Since then, Defendant Sports Shipbuilding paid 4,840,000 won for each of the plaintiffs at source to the tax authorities.

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