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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a legal entity operating the “Firstdo Elderly Medical Care Center,” Defendant A was discharged from the service as a caregiver from July 1, 2008 to December 31, 2015; Defendant B was discharged from the service as a caregiver from July 1, 2008 to December 31, 2015; Defendant C was discharged from the service as a caregiver from April 1, 2009 to April 13, 2014; and Defendant D was discharged from the service as a caregiver from February 10, 2010 to June 30, 2015.
B. The Defendants filed a petition against the Plaintiff against the Plaintiff from July 1, 2008 to December 31, 2013. On February 19, 2016, the Plaintiff paid KRW 16,538,648 to the Defendant A, KRW 16,029,512 to the Defendant B, KRW 10,278,246 to the Defendant C, and KRW 10,616,99 to the Defendant D.
【Ground of recognition】 The fact that there has been no dispute, Gap’s 1 through 3 evidence, Gap’s 4 through 7 evidence, and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserts as follows.
1) The Plaintiff paid retirement allowances to the Defendants including the amount of retirement allowances from around 2008 to around 2013. As such, the said payment has no effect, and thus, the Defendants paid retirement allowances in addition to the total number of working years. 2) The Defendants should return the amount received as retirement allowances in the previous form to the Plaintiff as unjust enrichment.
Defendant A, who was paid in installments from around 2008 to 2013, is obligated to pay 11,99,470 won for retirement benefits; Defendant B, 10,720,640 won for Defendant B; Defendant C, 8,835,410 won for Defendant C; and Defendant D, 7,094,810 won for compensation for delay.
B. In a case where an employer and an employee agreed to pay in advance a certain amount of money as retirement allowance, along with a monthly wage or daily wage paid by the employer and the employee, the agreement is a mandatory law to waive in advance the employee’s right to claim a retirement allowance accrued at the time of the final retirement, unless it is acknowledged as an interim settlement of the retirement allowance under the main sentence of Article 8(2) of the Guarantee of Workers’ Retirement Benefits Act.