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(영문) 서울남부지방법원 2017.06.15 2016나62083
퇴직금 등 청구의 소
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

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 for the addition of the following matters, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. As alleged by the Plaintiff, the Defendants additionally asserted that the aforementioned amount was paid to the Plaintiff according to the agreement to pay retirement allowances, since the Plaintiff received retirement allowances from around January 2010 to June 2013, 38.9 million won, if the Plaintiff received retirement allowances from the Defendants as the Defendants’ employees, the Plaintiff’s claim for return of unjust enrichment from around June 2010 to June 2013, the Defendants asserted that the Plaintiff’s claim for return of unjust enrichment against the Plaintiff’s claim for return of unjust enrichment set-off within the scope that does not prohibit seizure of the Plaintiff’s claim for return of unjust enrichment. As such, it is insufficient to acknowledge that the said amount was paid to the Plaintiff pursuant to the agreement to pay retirement allowances in advance, and there is no other evidence to support this. Therefore,

3. If so, the judgment of the court of first instance is legitimate, and all appeals by the defendants are dismissed as it is without merit. It is so decided as per Disposition.

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