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(영문) 서울북부지방법원 2018.08.22 2017가단124355
부당이득금
Text

1. The plaintiff A’s primary and primary claims and the second preliminary claims against the plaintiff’s land are made by Korea Co., Ltd.

Reasons

1. Basic facts

A. Plaintiff Korea Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) is an insurance company. Plaintiff A is the head of the Plaintiff Co., Ltd.’s branch office, and the Defendant is an insurance solicitor at the Plaintiff Co., Ltd.’s C branch office.

B. Around December 29, 2014, the Defendant agreed with the Plaintiff to receive KRW 34 million in total, on a two-year basis, with the Plaintiff’s work experience in the Plaintiff Company for five years, and KRW 10 million in a lump sum and KRW 1 million in a month of periodic payments for two years.

C. From January 2015 to March 2017, the Defendant retired while serving in C Branch of the Plaintiff Company.

Plaintiff

On December 30, 2014, the Company remitted to the Defendant KRW 5 million, and KRW 5 million on January 30, 2015, respectively, and paid KRW 34 million on a monthly salary for 24 months from January 2015 to December 2016.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 4, 7, and 8 (including each number), the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendant received 34 million won from the Plaintiff Company on the condition that the Plaintiff Company works in the Plaintiff Company for five years, and agreed to return the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the retirement. As such, the Defendant is obligated to return

B. Even if the above agreement is not acknowledged, the defendant violated his duty to work in the plaintiff company for five years, and thus, the defendant is obligated to compensate the plaintiff company A or the plaintiff company for damages equivalent to 18.7 million won.

C. Accordingly, with respect to the defendant, the return of the amount of 34 million won which is primarily charged to the plaintiff A, the first preliminary payment of the amount of 18.7 million won, the return of the amount of unjust enrichment to the plaintiff company, the second preliminary payment of the amount of 34 million won, and the third preliminary payment of the amount of 18.7 million won.

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