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(영문) 부산지방법원서부지원 2020.06.23 2018가단110996
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. From October 2014 to September 2017, the Defendant sought Plaintiff C, and resided with Plaintiff C in the E-house or F’s housing located in Gyeonggi-gun Development-gun (hereinafter “instant housing”) (hereinafter “instant housing”), from around that time, to around October 2017.

B. On July 1, 2015, the Defendant entered into a labor contract with Plaintiff B Co., Ltd. (hereinafter “B”) with wages of KRW 1,300,000 per month and worked as an administrative assistant in Plaintiff B from that date until September 27, 2017.

C. On September 12, 2018, the Defendant filed a lawsuit against the Plaintiff B, which was not paid wages, with the Busan District Court Branch Branch Decision 2018 Ghana376, and rendered a judgment on September 12, 2018, that “the Plaintiff B shall pay the Defendant 17,627,930 won and the amount calculated by the rate of 20% per annum from October 12, 2017 to the date of full payment.” Accordingly, the Plaintiff B appealed with the Busan District Court Decision 2018Na57339, Jan. 15, 2019; the appellate court rendered a judgment on January 15, 2019 that “the Plaintiff shall be paid KRW 18,00,000 to the Defendant; from January 31, 2019 to December 31, 2019 to December 31, 200,” the compulsory adjustment decision became final and conclusive around that time.

Plaintiff

On May 24, 2018, Plaintiff A, the representative director of Plaintiff B, was issued a summary order of KRW 200,000,000 (hereinafter “instant summary order”) on the ground that he/she did not pay the Defendant a total of KRW 17,627,930 for 15 months from July 2016 to September 2017. The instant summary order was finalized on June 5, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 18 evidence, Eul evidence 9 through 12 (including numbers; hereinafter the same shall apply), witness G testimony and the purport of the whole pleadings

2. Determination as to the plaintiff A and B's claims

A. Plaintiff B’s assertion that Plaintiff A and B had the Defendant’s wage claim against Plaintiff B and the Plaintiff B, while entering into an employment contract with the Defendant.

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