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(영문) 서울남부지방법원 2020.08.13 2019나56775
부당이득금
Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

purport.

Reasons

1. The gist of the Plaintiff’s assertion was that the Plaintiff Company worked for the Plaintiff Company from December 1, 2011 to January 31, 2018, and the Plaintiff agreed to pay retirement allowances in installments with the Defendant, and the Plaintiff paid KRW 18,500,000 per month to the Defendant for 38 months from January 1, 2015 to January 2018.

However, since an agreement to pay retirement allowances in installments is null and void in violation of Article 34 of the Labor Standards Act, which is a mandatory law, the Defendant shall return the above amount in the name of retirement allowances received to the Plaintiff as unjust

2. Comprehensively taking account of the purport of the entire arguments in each statement of evidence Nos. 1 through 3, it is insufficient to acknowledge that the Plaintiff paid KRW 500,000,000 to the Defendant separately from the last day payment each month from January 2015 to January 2018. However, the fact that there was an agreement between the Plaintiff and the Defendant to pay the retirement allowance in installments, and that the said money is a nominal amount of retirement allowance paid in installments, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's claim is without merit.

3. Thus, the judgment of the court of first instance is unfair on the ground that the conclusion is different, and the plaintiff's claim is dismissed. It is so decided as per Disposition.

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