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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. The parties' assertion
A. The Plaintiff’s assertion was transferred in KRW 1,194,60, and KRW 1,283,650, respectively, on October 11, 201, respectively, from the Plaintiff’s deposit account to the Defendant’s deposit account, May 10, 2010, July 7, 2010, and October 11, 201, respectively. Since each transfer was made without any legal ground, the Defendant is obligated to pay the sum of KRW 4,867,450, and delay damages therefrom.
B. The defendant's assertion is the mother of C, and each of the above amounts transferred to the defendant's deposit account is that C entered into an employment contract with the plaintiff and provided labor at the "Driju station" operated by the plaintiff, and received wages from the plaintiff in lieu of the defendant's deposit account. Thus, it is not a gain without any legal ground.
2. The Plaintiff’s savings account is determined as follows: (a) transfer of KRW 1,194,60 on May 10, 201 to the Defendant’s deposit account; (b) KRW 1,283,650 on October 11, 201; and (c) transfer of KRW 1,283,650 on March 10, 201 to the Plaintiff’s deposit account; and (c) there is no dispute between the parties; and (d) the Defendant’s assertion that the Plaintiff concluded a labor contract with the Plaintiff and provided labor. The issue of the instant case is whether C and the Plaintiff signed a labor contract and provided labor to the Plaintiff.
In full view of the overall purport of the pleadings in each statement in Gap evidence Nos. 4 through 11, Eul evidence Nos. 1 through 7, and Eul evidence Nos. 9 through 13 (including branch numbers), the whole purport of the pleadings is as follows: ① is not recorded as C in the plaintiff's register of members from 2006 to 2014; ② is affiliated to the "D gas station" operated by the plaintiff, and there is "D filling station" operated by Eul. The E's roll of members is written as C's list of members from January 2, 2008 to April 14, 201 and from March 1, 201 to June 30, 2011.