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(영문) 대전지방법원 천안지원 2018.08.09 2016가단106182
부당이득금
Text

1. The Plaintiff:

A. Defendant B’s KRW 15,284,605 as well as 5% per annum from July 26, 2016 to August 9, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in the manufacture and sales of all kinds of internal combustion-resistant engine parts, such as stoning and packers, and Defendant B, C, E, and F are the employees of the Agsan plant of the Plaintiff company, and Defendant D is the employees of the Agin plant of the Plaintiff company.

B. On October 18, 2011, the Plaintiff took disciplinary action against Defendant B, C, and D. At that time, the Plaintiff paid the Defendant B a total of KRW 29,983,818, dismissal allowances, KRW 4,638,750, total of KRW 34,622,568, total of KRW 12,591,602, dismissal allowances, KRW 3,626,580, total of KRW 16,218,182, total of KRW 9,840,96, dismissal allowances, KRW 4,248,540, total of KRW 14,089,536, respectively.

In addition, on November 1, 2011, the Plaintiff took disciplinary action against Defendant E and F, and around that time, the Plaintiff paid Defendant F a retirement allowance of KRW 29,162,60, and KRW 4,865,340 in total, KRW 34,027,94.

C. On October 19, 201, Defendant B, C, and D filed an application for the preservation of workers’ status and the provisional payment of wages with the Daejeon District Court Branch Decision 201Kahap398 on October 19, 201. On November 10, 2011, the said court provisionally determined that Defendant B, C, and D had a right under an employment contract against the Plaintiff on a temporary basis, and that the Plaintiff paid KRW 3,500,000 to Defendant B, KRW 3,00,000 to Defendant C, and KRW 4,00,000 to Defendant D, respectively, from November 10, 201 to the final judgment on the merits.

In addition, on November 22, 2011, Defendant E and F applied for the preservation of workers’ status and the provisional disposition for wage payment under the Daejeon District Court Branch Decision 201Kahap528 on December 12, 2011, and the above court rendered a provisional disposition ordering Defendant E and F to temporarily pay KRW 4,00,000 to Defendant E and KRW 3,50,000 to Defendant F, respectively, on December 10, 201, subject to the offer of collateral on December 12, 201, and on the condition that Defendant E and F have a right under the labor contract against the Plaintiff.

Accordingly, the Plaintiff’s wages ordered to be paid temporarily against the Defendants are health insurance premiums to be borne by the Defendants.

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