1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Comprehensively taking account of the purport of the arguments in Evidence A Nos. 1 and 2 as a whole, the Plaintiff’s representative of the CMedical Center and the Defendant, a caregiver on August 6, 201, who is a caregiver, entered into a labor contract between the Plaintiff and the Defendant as a caregiver on August 6, 201, stating that “The wage shall be paid as KRW 6,000,000, a weekly holiday allowance shall be paid for the first day of the contractual working day, a weekly holiday allowance shall be given for the next month, and if the Plaintiff did not use the vehicle during the next month, an annual holiday allowance shall be paid in the next month, but if the average weekly working hours are less than 15 hours, an weekly holiday allowance may not be paid pursuant to Article 18(3) of the Labor Standards Act if the contractual working hours are less than 15 hours, according to the scope set by the Long-Term Care Insurance Act and the Act and subordinate statutes to which the Plaintiff notified the Defendant of the employment contract by not later than the end of the preceding month.

2. The Plaintiff asserts that the Defendant was liable to pay the Plaintiff unjust enrichment of KRW 1,720,00 and delay damages for the amount of KRW 2,928,30 in total received KRW 1,866,190 as retirement allowance, and received KRW 2,928,30 in total ( KRW 1,062,110 + KRW 1,866,190) within the scope of the above aggregate amount, on the grounds that the Defendant, while working at CMedical Care Center, did not provide the beneficiary D with labor for a total of 14 times, and 1,062,110 in total.

The following circumstances, i.e., the Plaintiff, which is acknowledged as having comprehensively taken account of the overall purport of the pleadings in the descriptions of Gap evidence Nos. 1, 11, 14, 23, and Eul evidence No. 1.