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(영문) 서울동부지방법원 2020.05.15 2018가단11542
부당이득금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that mainly aims at the construction business, and the Defendant entered the Plaintiff on December 5, 2017 and served until June 1, 2018.

B. Around December 2017, the Plaintiff received a subcontract for D New Construction Works (hereinafter referred to as “Gimpo-si”) from C Co., Ltd. (hereinafter referred to as “C”), among D New Construction Works undertaken in Kimpo-si, and performed it by May 2018.

The defendant worked as the head of the Corporation at the Kimpo Construction site and was in charge of the Corporation management affairs.

C. On April 2018, upon receipt of a contract from C to E Group from around Malaysia, the Plaintiff was under negotiation with C to accept civil engineering works among the foregoing construction works (hereinafter “Malaysia”) and H apartment construction works that C will perform in the Southern-gu Seoul metropolitan area (hereinafter “luminous construction works”).

On May 18, 2018, the Defendant notifies I, the Director at the site of the Plaintiff Kimpo Corporation, of the fact that “I, as follows, request the payment of performance rates and unfair dismissal of the field employees promised by the Plaintiff’s representative at the site of Gimpo Corporation at the site of Gimpo Corporation,” the Plaintiff’s representative will be able to observe the commitment by May 25, 2018, and if I wanted the employees to appear to the E Group Audit Office, I would be able to receive all materials made at the site of Kimpo Corporation. The amount received without actually being posted will be reduced to KRW 30 million at the actual time, and C (J Vice-President) will submit to the Audit Office up to the amount received for the purpose of obtaining the orders for the work. The Plaintiff’s subsequent transaction with the head office, such as Kjupo and the back of the National Tax Service, will bring an accusation against the Plaintiff’s employees at the site of Kanpo and the Vice-President at the National Tax Service.”

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