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(영문) 부산지방법원 2021.01.13 2019가단344541
임금등
Text

1. The Defendant (Counterclaim Plaintiff) paid to the Plaintiff (Counterclaim Defendant) KRW 13,454,070 as well as full payment with regard thereto.

Reasons

1. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 and 2 as to the claims filed in this lawsuit, the plaintiff worked for the defendant from June 20, 2016 to August 15, 2018, and the amount of wages 1,746,920 from the defendant to January 31, 2018, and the amount of wages 2,106,200 won from April 1, 2018 to April 30, 2018, and the amount of wages 2,308,06,06,20 won from May 1, 2018 to May 31, 2018, and the amount of wages 2,308,06,000 won from June 1, 2018 to June 31, 2018, 2018 to 30,718,710,75,718,718.

According to the above facts, the defendant is obligated to pay to the plaintiff 13,454,070 won in total, including unpaid wages (=1,746,920 won 2,106,200 won 2,308,060 won 1,480,640 won 1,306,450 won 2,750,800 won) and damages for delay calculated at the rate of 20% per annum as provided by the Labor Standards Act from August 30, 2018 to the date of full payment.

2. Determination on a counterclaim

A. The defendant's assertion 1) The plaintiff did not return the above amount of KRW 42,579,746 from the defendant's account or the defendant's representative director's account to the plaintiff's account without any justifiable reason. Since the plaintiff acquired the above amount without any legal ground, he is obligated to return the above amount to the defendant with unfair profit. The plaintiff is obligated to pay the above amount to the defendant as compensation for tort because he embezzled the above amount.

2) The plaintiff alleged that the plaintiff borne expenses to be paid by the defendant on behalf of the defendant or lent operating funds to the defendant, but received the above money with the approval of the representative director C, which is the defendant's representative director, and there was no undue profit or embezzlement of the defendant

B. Article 741 of the Civil Act of the judgment is “ without any legal ground.”

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