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The defendant's decision of performance recommendation is based on the Jung-gu District Court 2020 Ghana302107 dated February 11, 2020.
Reasons
1. Basic facts
A. The Plaintiff worked as an instructor at a private teaching institute operated by the Defendants from March 2, 2017 to July 8, 2019. On October 19, 2018, the Plaintiff intended to pay KRW 21,000,000 from Defendant C in installments each of KRW 373,573, and borrowed (hereinafter “the instant loan”).
B. On July 8, 2019, the Plaintiff, while retired from a private teaching institute operated by the Defendants, received KRW 5,00,000 retirement allowances from Defendant B, and the Plaintiff and the Defendants concluded a written agreement with Defendant B stating that “the Plaintiff and the Defendants do not raise any civil or criminal objection with respect to the Plaintiff’s employment and retirement” (Ⅱ. 2.) and “the Plaintiff and the Defendants do not raise any civil or criminal objection with respect to the matters while in service after the formation of the agreement” (hereinafter “instant agreement”).
C. The Defendants filed a lawsuit against the Plaintiff that (i) the Plaintiff shall pay KRW 15,769,992 of the principal remaining as the Plaintiff retired because of the premise that the Plaintiff would work in the private teaching institutes operated by the Defendants; (ii) the Defendants received retirement allowances of KRW 5,00,00,00 in addition to the Plaintiff, even though the Plaintiff paid the Plaintiff’s retirement allowances by including the Plaintiff’s monthly salary in the Defendant’s monthly salary, and accordingly, (iii) the Defendants filed a lawsuit against the Plaintiff to the effect that KRW 5,207,520 of the retirement allowances paid as the Defendant’s monthly salary should be returned to the Defendant B by unjust enrichment (hereinafter “instant recommendation decision”), and the same content was served on the Plaintiff and confirmed on February 29, 2020.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. The assertion and judgment
A. The loan of this case is paid in monthly installments regardless of the plaintiff's retirement, regardless of whether it is the plaintiff's retirement, and the defendants' claim for the return of retirement allowances is against the contents of the agreement of this case.