1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff, composed of the representatives of the above apartment buildings, entered into an entrustment management contract with the Mine Industrial Co., Ltd. around 2013 in order to perform the management work of A apartment in Jung-gu Seoul Metropolitan Government (hereinafter “instant apartment”).

B. On June 1, 2013, Gwangju Industrial Co., Ltd. concluded a labor contract with the Defendant and appointed the Defendant as the head of the instant apartment management office, from that time, the Defendant served as the head of the said apartment management office, and retired on March 31, 2014.

C. Meanwhile, at a regular meeting on March 10, 2012, the Plaintiff passed a resolution to pay overtime allowances (two-hour hours) to the managing director of the above apartment management office when he/she attends the Plaintiff’s representative meeting. Around that time, the managing director has paid overtime allowances to the managing director when he/she attends the Plaintiff’s representative meeting.

From July 10, 2014 to August 23, 2014, the Jung-gu Office conducted a fact-finding survey on the management of the instant apartment from July 10, 2014, and on August 12, 2014, the head of Jung-gu Office notified the Plaintiff’s representative and the head of the management office of the apartment, of the result of the inspection. However, it was pointed out that “the head of the management office, who attended the meeting of the representative meeting held during working hours, waste management expenses by paying overtime allowances (2 hours) from March 25, 2012 to eight times by paying overtime allowances of KRW 25,441 to the management office.”

E. On August 28, 2014 and September 18, 2014, the Plaintiff notified the Defendant that an overtime allowance of KRW 255,441 should be returned.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11, purport of the whole pleadings

2. Determination as to the cause of claim

A. The plaintiff's assertion that the plaintiff paid an overtime allowance of KRW 255,441 to the defendant and received a corrective order from the Jung-gu Office. Thus, the defendant was unfairly received.