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1. The plaintiff's appeal and the plaintiff's claim expanded by this court are all dismissed.
2. Appeal costs and interest.
Reasons
1. The Plaintiff’s assertion that the Defendant paid KRW 4,00,000 per month to the Plaintiff as salary. The Plaintiff employed the Plaintiff and served from January 1, 2015 to July 30, 2015, and the Defendant did not pay wages. Therefore, the Defendant is obligated to pay the Plaintiff KRW 28,00,000 (= KRW 4,00,000 x 7 months).
In addition, the Plaintiff sold to the Defendant the attached list of KRW 48,00,000 (hereinafter “instant equipment”) and used the instant equipment from January 1, 2015 to July 30, 2015, and the Plaintiff cancelled the contract with the Defendant due to the Defendant’s payment of the purchase-price. As such, the Defendant is obligated to return the equipment fees of KRW 17,50,000 calculated at the rate of KRW 2,50,000 per month during the said period of use (=2,50,000 x 7 months) to the Plaintiff as unjust enrichment.
Therefore, the Defendant is obligated to pay the above benefits and unjust enrichment to the Plaintiff. Since the Plaintiff’s obligation against the Defendant is KRW 9,940,000 (the cost of equipment installed on behalf of the Defendant), 35,560,000, which is deducted by the Plaintiff (=28,000,000 won - KRW 17,50,000 - KRW 9,940,000) and damages for delay are claimed.
2. The following circumstances, which can be acknowledged by comprehensively taking into account the purport of the entire pleadings in the testimony of the witness B, i.e., ① there is no objective data, such as a contract in connection with the employment contract and sales contract alleged by the Plaintiff, and ② rather, on September 10, 2015, after the employment contract and sales contract of the Plaintiff, the Plaintiff promised to pay the Defendant a total amount of KRW 19,868,957, such as processing fees, etc., to the Defendant in installments over 12 months (Evidence 10), are written (Evidence 10). However, the relationship of benefits of each of the above notes is separately dealt with.
The phrase "from January to July" is written, and the defendant at his own discretion after the drawing up of the above letter.