(영문) 인천지방법원 2016.01.28 2015나9707 | 리걸엔진

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Reasons

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(영문) 인천지방법원 2016.01.28 2015나9707

부당이득금

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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. On June 2014, the Plaintiff introduced the Defendant as a co-help of KRW 90,00 per day through F (G representative) for the E construction work of U.S. U.S., Inc., Ltd. (hereinafter “S.”), which was subcontracted by U.S. CD located in Jung-gu Incheon Metropolitan City (hereinafter “S.”), and agreed to pay KRW 10,000 per day in addition to the daily amount of KRW 90,000 per day between the Defendant and the Defendant to pay KRW 10,000 per day in addition to the daily amount of KRW 90,00

B. Upon the Plaintiff’s request, the Defendant formally reported to the employee belonging to the non-party company and paid wages from the non-party company to the head of passbook in the name of the Defendant. However, the Defendant agreed to receive only the remuneration agreed with the Plaintiff out of the amount of admission, and served upon the Defendant’s order at the work site of the non-party company for 30.5 days during the period from June 3, 2014 to July 10, 2014.

C. The non-party company, without considering the level of technical training, uniformly paid 140,000 won per day to the workers mobilized by the Plaintiff, and agreed to deposit the remainder after deducting various taxes and four major premiums, etc. in the name of each employee in the passbook in the name of each employee. On July 15, 2014, the non-party company deposited KRW 3,874,340 as the passbook in the name of the Defendant.

However, the Defendant rejected the Plaintiff’s demand for return as to the portion received in excess of the remuneration agreed with the Plaintiff after reporting it to the labor office on July 2014.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap's 1 through 8, the purport of whole pleading

2. The parties' assertion and judgment

A. The plaintiff's assertion 1) If the defendant's assertion is calculated as the agreed daily allowance for 30.5 days, a total of 3,50,000 won, or if the amount of the defendant's actual receipt less 2,765,300 won (=3,050,000 - 2,765,300 won, which is the amount of the defendant's actual receipt after deducting 9.5% tax and public tax and public tax

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