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(영문) 부산지방법원동부지원 2020.08.18 2019가단8254
부당이득금
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

Facts of recognition

The Plaintiff and the designated parties were discharged from the Defendant Company while serving as a literature collection agent as shown in the following table:

Plaintiff

In addition, the Defendant Company paid 86,287,787 won in total under the name of “direct labor expenses for the year between 2015 and 2017” to 20 employees on September 21, 2018, and 6,1810 won in total under the name of “direct labor expenses for the year 2015 and 2017 unpaid” to 17 employees.

[Ground] Facts without dispute, Gap's evidence 1 through 9, Eul's evidence 2 and 3, summary of the plaintiff's argument as to the purport of the whole oral argument, and the amount payable to the plaintiff or the selected parties [5,020 won (the amount paid by the defendant company for three years from January 2015 to December 2017 as "unpaid labor expenses") 4,430,00 won [the amount paid by the defendant company as "unpaid labor expenses"] 4,430,00 won (the amount paid by the defendant company as "paid welfare expenses" x 200 won x 36 months from January 1 to December 2017 x 205 x 20 won from June 1, 2015 to December 205 x 205 x 36 months from June 20 (the period from January 2015 to August 8, 2017) 】 the unpaid labor expenses x 205 months from May 16, 2019

Judgment

The facts of the above recognition alone are insufficient to recognize that the defendant company is liable to pay the money to the plaintiff and the selected parties as alleged by the plaintiff, and there is no other evidence to acknowledge it.

The evidence submitted by the plaintiff alone leads the defendant company to pay the above amount to the employees.

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