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(영문) 창원지방법원 2019.08.22 2018가단117442
부당이득금
Text

1. The part concerning the claim for wages among the counterclaim of this case shall be dismissed.

2. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant) on 20,418.

Reasons

. The content is confirmed and this part of the facts charged is not included in the charges.

Therefore, according to the theory of the lawsuit, the amount of damages for the defendant's illegal acts (Embezzlement) is KRW 102,386,252.

3. Determination as to the cause of counterclaim and the defendant's claim for repayment

A. In order to prepare for the certification procedure of the Plaintiff’s operating hospital from the beginning of 2017 to the June of the same year, the Defendant, including the Defendant, ordered a number of employees to work at night and on holidays. Accordingly, the Defendant, upon the Plaintiff’s instruction, served more than once a month.

The Plaintiff did not pay any additional wage for overtime, night, or holiday work at all to the Defendant even though the Defendant had been working for at least three months at the Plaintiff’s direction. The Plaintiff was obligated to pay the Defendant the unpaid wage of KRW 2,002,392 (=1.5 hours * 1.2,50,000 won/209 hours * 1.24 hours) for April 2017, (i.e., the unpaid wage of KRW 2,51,34 for May 2017 (=2,250,000 / 2,500 / 209 * 15:31 hours * 1.55.31 hours), and the unpaid wage of KRW 1,713,876 for June 2017 (= 2,250,000,000 / 1.5 hours * 106:1068), 236,201,23729).

B) The Plaintiff’s counterclaim is not only unlawful due to the lack of mutual relation, but also the Defendant’s excessive work. 2) The Defendant may file a counterclaim with the court in which the principal lawsuit is pending until the conclusion of pleadings, only if it does not substantially delay the litigation procedures. The Plaintiff’s counterclaim is related to the claim of the principal lawsuit or the method of defense.

(Article 269(1) of the Civil Procedure Act. The instant claim is a claim for damages arising from a tort or a claim for restitution of unjust enrichment. The Defendant’s claim for a counterclaim is a claim for remuneration arising from work, and the cause and cause of the claim are entirely different. Therefore, the Defendant’s counterclaim claim is related to the cause and cause of the claim.

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