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(영문) 대전지방법원 2018.12.18 2017나116904
부당이득금
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the following amount ordering payment.

Reasons

Basic Facts

A principal lawsuit and a counterclaim shall be deemed simultaneously.

The purpose of the Plaintiff is to commercialize C or the Plaintiff’s technology.

Defendant is an employee of the Plaintiff.

On May 8, 2012, the Plaintiff was subject to reprimand as a result of the management diagnosis and a violation of the regulations, and on June 10, 2012, the Plaintiff was refused to renew the labor contract (hereinafter “instant dismissal”).

The defendant applied for remedy against unfair dismissal to the Chungcheongnamnam Regional Labor Relations Commission, thereby recognizing the dismissal of this case as unfair dismissal. The plaintiff applied for review to the National Labor Relations Commission, but the National Labor Relations Commission dismissed the plaintiff's application for review.

The Plaintiff filed a lawsuit with the Seoul Administrative Court seeking revocation of the judgment rendered by the Central Labor Relations Commission, but was dissatisfied with the dismissal judgment, and dismissed the appeal court, and finally, on January 15, 2015, the Supreme Court affirmed the judgment of the lower court that the refusal by the Plaintiff to renew the labor contract against the Defendant constitutes unfair dismissal, and the said judgment became final and conclusive.

According to the above final judgment, the Plaintiff reinstated the Defendant on January 28, 2015, and calculated the unpaid wages as KRW 132,126,280 during the period of dismissal of the Defendant on July 28, 2015, and paid it to the Defendant.

During the period of dismissal, the defendant received benefits of KRW D to April 70, 2013, KRW 100,000,000 for May 1 of the same month, and KRW 1 million for June 1 of the same month, and the same year from April 1, 2014.

6.3. Until March, 200, the person received 4,090,320 won while working in E.

If the Defendant did not receive unfair dismissal, the monthly salary received from the Plaintiff during the period from January 1, 2013 to July 31, 2014 was KRW 4,746,890.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 4, 5, 9, 25, 38, Eul evidence Nos. 5, 6, and 11 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings.

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