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(영문) 서울동부지방법원 2019.08.29 2018가합1924
부당이득금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 209,042,00 and the interest rate thereon from January 13, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person operating a human resources dispatch company with the trade name of “D,” and the Defendants are those who were dispatched daily workers from the Plaintiff while engaging in a construction business.

B. around May 2016, Defendant B requested the Plaintiff to dispatch a daily worker to the construction site of the construction company, including E, and suggested that if the Plaintiff first deposits the amount calculated by deducting 10% of the wages paid to the construction company’s employees into the accounts under the name of Defendant C, the Defendants paid the amount in advance to the employees, and that the Plaintiff would be paid the wages directly from the construction company.

From that time, the Plaintiff accepted this and dispatched daily workers at the construction site designated by Defendant B, and deposited the amount calculated by deducting 10% of their wages into the account in the name of Defendant C.

C. However, unlike the Plaintiff’s proposal, Defendant B received wages from its employees directly from the construction company, and paid the amount equivalent to the wages of the employees to the Plaintiff, changing the name of the remitter, as if the construction company directly paid to the Plaintiff.

The Defendants did not notify the Plaintiff of the completion of the Kimpo Corporation around March 2017 and continued to be dispatched daily workers from the Plaintiff as before, and received money in the name of their advance payment of wages.

In addition, the Defendants, despite the absence of F’s G construction site and H’s old construction site, told the Plaintiff as if the said construction site exists, and accordingly, received money from the Plaintiff as if they were to receive daily workers and their advance payment of wages.

E. From April 2017 to June 2017, the Plaintiff paid the Defendants a total of KRW 245,630,000 for the pre-payment of daily workers’ wages. However, as the relevant construction site was already completed or did not have yet to exist, the Plaintiff is a worker from the construction company, such as E, F, and H.

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