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Reasons
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(영문) 서울중앙지방법원 2016.08.24 2014가단70687
부당이득금
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1. Defendant C Co., Ltd.: (a) KRW 17,500,000 to Plaintiff A; and (b) KRW 13,00,000 to Plaintiff B; and (c) each of them on November 12, 2013.

Reasons

1. Basic facts

A. The status of the parties 1) Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”).

(ii) Defendant D is currently serving as the representative director of the Defendant Company from August 2, 2011 to ensure that a person who has obtained a basic license for commercial pilot in Korea and abroad can be employed by a foreign airline.

B. 1) The Plaintiff entered into a consulting agreement with the Defendant on July 25, 2012, and an additional agreement on March 1, 2013 (the “A” in the contract refers to the Defendant Company, and the “B” refers to the Plaintiff.

hereinafter referred to as "the First Contract of this case" shall be referred to as "the First Contract of this case".

(2) Plaintiff B entered into an additional contract on March 7, 2013, and April 22, 2013, as shown in Appendix 2 with Defendant Company.

(A) In the contract, “A” refers to the Defendant Company, “B” refers to the Plaintiff B, and “B” refers to the Plaintiff; hereinafter referred to as “instant two contracts”).

1) The Plaintiff A paid the down payment of KRW 5,00,000 to the Defendant Company at the time of the payment of the down payment, and transferred KRW 22,50,000 to Defendant D’s deposit account on April 11, 2013. (2) Defendant B paid the down payment of KRW 3,000,000 to the Defendant Company on March 7, 2013, and remitted KRW 20,000 to Defendant D’s deposit account on May 24, 2013 as the deposit for self-paid training costs.

3) On April 1, 2013, Defendant Company issued to the Plaintiffs a written notification stating that “The deposit is a security deposit for the ability to pay training expenses to be fully refunded, such as the waiver of the contract or the deferment of the employment contract due to a vacancy, due to unavoidable circumstances, unlike the termination and refund specified in the consulting contract or provisional contract.” D. The progress of the implementation of the instant 1 and 2 contract is the Defendant Company’s good offices, and Plaintiff A is in Seoul around February 2013, and Plaintiff B is in Lao around March 2013.

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