1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

1. There is no dispute between the parties that the Defendant had worked in the Plaintiff Company from November 24, 2014 to October 23, 2018.

2. Determination on the cause of the claim

A. On November 24, 2015, the Defendant asserted that the Plaintiff Company entered into an employment contract of KRW 26 million between the Plaintiff Company, annual salary of KRW 27 million on December 23, 2016, and annual salary of KRW 28 million on November 24, 2017. Since each of the above annual salaries includes all taxes and insurance premiums, such as the National Pension, Employment Insurance, Income Tax, and Local Income Tax (hereinafter “the total amount of the annual salary”), the Defendant should receive the remainder after deducting the above mutual aid amount from the Plaintiff.

Nevertheless, the Defendant made a false benefit ledger as if it had been deducted even if the Defendant had received the benefit in excess of the amount paid to the account under the name of the Defendant without deducting the total amount of KRW 7,061,100 from the wage to September 21, 2018, which was to be paid by the Defendant over 35 times from November 24, 2015 to September 21, 2018.

Therefore, the defendant is obligated to return the above money to the plaintiff as unjust enrichment.

B. In light of the judgment, the evidence presented by the Plaintiff alone is insufficient to recognize that the Defendant obtained a benefit without any legal ground as alleged by the Plaintiff, and thereby caused the damage to the Plaintiff, and there is no other evidence to acknowledge it.

Rather, the following circumstances revealed by the overall purport of Gap evidence Nos. 2, 7, 12, and 13 (including a serial number), Eul evidence Nos. 2, 3, 9, and 10 and the entire purport of the arguments, namely, ① each labor contract concluded between the plaintiff and the defendant, entered the annual salary amount in each of the labor contracts between the plaintiff and the defendant, and paid monthly the amount calculated by dividing the annual salary by 12 months in a correct manner, during the period of the defendant's employment, as salary.