1. The defendant's appeal is dismissed.

2. The defendant bears the total costs of the lawsuit after the filing of the appeal.

purport, purport, and.

1. Assertion and determination

A. The Plaintiff’s assertion that the Plaintiff Company was forced to pay the additional retirement pay to the Plaintiff Company in the absence of the obligation to pay the additional retirement pay due to pressure, such as when the public official in charge of the Gangnam-gu Office of Labor and Labor (hereinafter “Labor Administration”) appears to have shown that it would start criminal proceedings. Thus, the Defendant asserts that the Defendant is obligated to return the amount equivalent to the additional retirement pay to the Plaintiff Company in unjust enrichment.

B. (1) Determination is based on the following: (a) Non-debted payment under Article 742 of the Civil Act is established only when the payer voluntarily paid it with knowledge that the payer was not liable; and

Even in cases where repayment was enforced or it was inevitable to avoid de facto damage caused by the refusal of payment, or where repayment was made with a reservation of the right to claim the return, etc., and there are circumstances to deem that the repayment was made against his/her own free will (see, e.g., Supreme Court Decisions 91Da17917, Feb. 14, 1992; 95Da52222, Dec. 20, 196).

A. On November 1, 2010, the Defendant became a member of the Plaintiff Company and performed debt collection and management business.

On October 31, 2013, the retirement was made.

B. The Defendant received benefits of KRW 10,485,879 on October 2013, immediately before the retirement from the Plaintiff Company. The monthly average benefits of KRW 6,038,085 for the three-month immediately preceding the retirement including the ten-month period are KRW 2,604,940 for the three-month period before the retirement, and the monthly average benefits of the year before the retirement are KRW 2,604,940 for the three-month period, and the monthly average benefits of August 8, 2013 for the three-month period excluding October 2013 are KRW 2,936,126 for the three-month period ( KRW 1,180,00, KRW 2,896, KRW 706, KRW 4,731,672) x 1/3).

C. On November 14, 2013, the Plaintiff Company paid KRW 11,718,663 of the retirement allowance calculated on the basis of monthly average salary for one year prior to retirement to the Defendant. On December 3, 2013, the Labor Administration, which investigated the actual status of payment of retirement allowances according to the Defendant’s petition, calculated the retirement allowance based on the monthly salary for the three months prior to retirement and the unpaid retirement allowance 14.