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(영문) 서울고등법원 2018.06.20 2016나2057220
부당이득금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

Reasons

1. Basic facts

A. The Defendant is a company established for the purpose of domestic and foreign air transport business. On March 25, 2013, the Plaintiff was employed as a probationary officer of the Defendant, and thereafter retired on October 16, 2013. On February 3, 2014, the Plaintiff was employed as a probationary captain of the Defendant and received education necessary to acquire the qualification for a probationary additional note by again entering the Defendant’s probationary captain on February 3, 2014, and retired from the Defendant on July 27, 2015.

B. On February 3, 2014, the Defendant demanded the Plaintiff to pay KRW 80,000,000 to the Defendant as part of the training expenses for probationary education and training.

Accordingly, on February 3, 2014 and April 10, 2014, the Plaintiff paid to the Defendant KRW 80,000,000 in total, and KRW 20,000,000 on June 10, 2014, respectively, upon the Defendant’s request.

C. On February 3, 2014, the Plaintiff entered into an employment contract with the Defendant for a new entry-in-captain (hereinafter “instant employment contract”) with the following content.

A labor contract shall be concluded between the defendant and the plaintiff as follows:

Article 1 (Service Department and Duties) (1) The defendant shall contract the plaintiff as an annual salary.

1. Work division: Operation training team / Operational operation team;

2. Business affairs: Article 2 (Period of Contract) (1) The term of this contract shall be two years from February 3, 2014 to February 2, 2016.

(2) The training period of a plaintiff shall be until the day preceding the day on which an additional note is served, and a contract shall be terminated where it is deemed inappropriate to perform duties during the training

Article 3 (Expenses for Education and Training) (1) Of the Plaintiff’s education and training expenses required during the contract period and the expenses for acquiring flight hours for 1,000 hours (hereinafter referred to as “education and training expenses”), 80,000,000 won shall be borne by the Plaintiff.

(2) The expenses for education and training shall be paid to the defendant on the date the plaintiff specifies.

③ When the Plaintiff left training during the training period, the Defendant would return the remaining education and training expenses to the Plaintiff, excluding the education and training expenses required for the Plaintiff, and this contract of employment is terminated.

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