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Reasons
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(영문) 창원지방법원 2015.04.30 2014나8299
부당이득금반환
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 18, 2012, the Plaintiff opened a restaurant (hereinafter “Plaintiff restaurant”) with the trade name “D” in Tong Young-si, Tong Young-si (hereinafter “D”) and operated until August 2013.

Although there is no dispute between the parties that the Plaintiff paid KRW 1.8 million to the Defendant as of February 28, 2013, the Plaintiff asserts that the payment method of the payment method of the sequence 1 - Cash 1,800,000 was made on January 27, 2013.

2 20130301 Deposits 1,800,000 3 2013030308 Cash 500,000,000 to 1.8 million won of monthly salary from February 25, 2013 to March 24, 2013. 200: 420130603 deposits 1,300,000 to 20130603 deposits 400,000; from March 25, 2013 to April 10, 2013 to KRW 90,000 of monthly salary paid as part of 6203104 deposits 10,000,000 paid as KRW 5,90,000 of monthly salary.

B. The Defendant retired from office on April 10, 2013 while serving a monthly salary of KRW 1.8 million at the Plaintiff restaurant, and received the following benefits from the Plaintiff.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Assertion and determination

A. 1) The Plaintiff’s Defendant served for two months from January 25, 2013 to April 10, 2013 at the Plaintiff restaurant, and the total wage was KRW 4,500,000, and the Plaintiff paid KRW 4,100,000 among them to the Defendant. Meanwhile, on March 1, 2013, the Plaintiff remitted KRW 1,80,000 to the Defendant’s account under the name of the Defendant. The Defendant is obligated to return the aforementioned KRW 1,80,000 to the Plaintiff as unjust enrichment. Since the Defendant must deduct the Plaintiff’s wage amount of KRW 400,000,000 paid to the Defendant, the Defendant is obligated to pay the Plaintiff the Plaintiff the total wage of KRW 1,40,00,000, and damages for delay from the Plaintiff’s restaurant to the Defendant’s day of December 25, 2012 to 300,3005.

B. The judgment of the court below is that the defendant's wages more than the period of service at the plaintiff restaurant.

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