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1. The Defendant shall pay to the Plaintiff KRW 37,307,693 as well as 5% per annum from May 12, 2015 to June 22, 2016 and from the next day.
Reasons
1. Facts of recognition;
A. On August 20, 2001, the Defendant joined the Plaintiff and retired on March 13, 2015.
B. The Plaintiff paid benefits and bonuses to the Defendant more than 12 times a year from the end of each month until the end of August, 2010, and additionally paid the amount before and after the end of August every year, which is the time when the Defendant became a member, and paid benefits, etc. over 13 times a year.
C. Around 2011, the Plaintiff subscribed to a retirement pension for the former employee, and the Defendant applied for interim settlement of retirement allowances from September 1, 2010 to August 31, 2011, and the Plaintiff paid KRW 3,025,730 on the same day to the Plaintiff.
On March 20, 2015, the Defendant received retirement benefits of KRW 14,863,026, and filed a petition that the Defendant was unable to receive retirement allowances from August 31, 2010 from the date of entry into the Sung-nam Branch of the Central Employment and Labor Agency, and the Plaintiff received a corrective order from the head of the said branch office on May 11, 2015, paid KRW 37,307,693 in the name of the unpaid retirement allowances claimed by the Defendant to the Defendant.
[Reasons for Recognition] Facts without a partial dispute, Gap 1 to 5 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings
2. The parties' assertion and judgment
A. The plaintiff asserted that the defendant applied for interim settlement of retirement pay each year after joining the retirement pension and received the amount corresponding to the retirement allowance from the plaintiff, but did not keep the "written interim settlement of retirement allowance". The plaintiff paid KRW 37,307,693 to the employment and labor office, which constitutes the interim settlement of retirement allowance already paid to the defendant under the coercion of criminal punishment, although the plaintiff was not legally obligated to do so (hereinafter "new payment"). Accordingly, the defendant received benefits from the plaintiff without any legal ground and suffered losses from the plaintiff.