1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is a person engaged in the maintenance and repair of construction machinery, vehicles, etc. under the trade name of C.

B. On December 1, 2012, the Plaintiff entered into an employment contract with the Defendant, and the Defendant retired from the Plaintiff’s workplace by December 13, 2013 from the date of the said contract.

C. Four workers, including the Defendant, who worked in the Plaintiff’s workplace, including D, E, and F, filed a lawsuit against the Plaintiff at the Changwon District Court seeking payment of unpaid wages during the working period. On February 25, 2015, the said court rendered a judgment accepting the claim of the above workers including the Defendant, etc., and the said judgment became final and conclusive around that time.

In the above case, the plaintiff asserted that the defendant entered into a retirement allowance installment payment agreement with the defendant, but the above court rejected it on the ground that there is no evidence to admit the defendant's assertion.

The Plaintiff brought an action against D and F seeking return of unjust enrichment equivalent to retirement allowances already paid to D and F on the premise that the Plaintiff entered into an agreement on the installment payment of retirement allowances between D and F, and both the first instance court lost.

The plaintiff appealed against the judgment of the first instance court, but the appellate court dismissed all the plaintiff's appeal.

(See Supreme Court Decision 2015Na2151, 2015Na2137). [Judgment 2015Na2137] Fact that there is no dispute, entry of evidence B in subparagraphs 1 through 4, the purport of the whole pleadings.

2. The Plaintiff asserted that, at the time of entering into a labor contract with the Defendant, the Plaintiff entered into an agreement on the installment payment of retirement allowances to pay the retirement allowances with the monthly salary, and paid the retirement allowances in installments during the Defendant’s working period.

However, the above retirement allowance installment payment agreement is null and void, and the defendant received a total of KRW 5,575,260 from the plaintiff without any legal ground pursuant to the above agreement null and void, so the defendant received KRW 5,575,260 as above from the plaintiff.