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(영문) 서울중앙지방법원 2016.06.10 2016나12440
부당이득금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance except that part of the reasoning of the judgment of the court of first instance is written as stated in the reasoning of the judgment of the court of first instance under Article 420 of the Civil Procedure Act.

2. Parts to be dried;

(a) The third party decision of the first instance; and

A complaint under paragraph (1) shall be filed with "petition".

(b)each “appeal” in paragraph 3(f) of the judgment of the first instance court shall be filed with “Appeal”;

(c) Forms 5 and 16 of the first instance judgment shall be followed by the following:

In light of the aforementioned evidence and the purport of the entire arguments as a whole, the defendant's genuine representative director on August 19, 2014 on the grounds that the defendant paid insufficient retirement allowances to the Gwangju Regional Employment Agency, the defendant merely received retirement allowances at the time of making a statement to the labor inspector on September 15, 2014, and stated that the defendant did not want criminal punishment against the respondent, and that the defendant voluntarily withdrawn the above petition for the receipt of retirement allowances after receiving the retirement allowances from the plaintiff, it is not true for the purpose of criminal punishment against the original representative director, and it is reasonable to deem that the defendant filed a petition for the purpose of receiving the shortage of retirement allowances. Thus, it cannot be deemed that the defendant's money received from the plaintiff is a nominal amount of retirement allowances, and that it has the nature of criminal agreement separate from the retirement allowances.

Therefore, the defendant's above assertion is without merit.

3. Thus, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the defendant's appeal is without merit.

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