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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a medical corporation that operates a hospital A, and the Defendant operated a restaurant at the funeral hall of a hospital A from July 201 to June 12, 2015.
B. After retirement, the Defendant filed a petition with the Gwangju Regional Labor Agency to the effect that the Plaintiff was unable to receive retirement allowances from the Plaintiff, and the Gwangju Regional Labor Agency ordered the Plaintiff to rectify the unpaid amount of KRW 8,931,300, which was paid by the Defendant from July 1, 2011 to June 12, 2015. Accordingly, the Plaintiff deposited KRW 8,080,340,000 after settling the tax to the Defendant on November 9, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2 (including each number), the purport of the whole pleadings
2. The Plaintiff’s assertion that the Defendant is the Plaintiff’s employee. However, the Defendant has been paid wages to the Plaintiff for non-work hours, such as having voluntarily stated working hours and finishing hours, and having not deducted recess hours. The Defendant should return the paid wage of KRW 31,962,00, which the Defendant received from February 2, 2011 to June 2015.
In addition, it should be returned as unjust enrichment of 8,080,340 won received by the defendant.
40,042,340 won (=31,962,00 won) and damages for delay shall be claimed against the Defendant.
3. The following circumstances, which can be seen by comprehensively taking into account the respective descriptions of evidence Nos. 1, 2, and 1 of evidence Nos. 2-1, 2, and 1, and the overall purport of the pleadings, namely, the defendant, from the funeral home of the plaintiff's operation to June 201, was in charge of all the duties, such as ordering and inspection of food materials, including kitchen services, and from July 201 to June 201, it appears that the defendant was in charge of all the duties, including ordering and inspection of food materials, etc., and if he calculated and reported the money calculated by the defendant at the end of each month, he would have paid the wages to the defendant on the 10th day of the following month after confirming the fact by the plaintiff.