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(영문) 창원지방법원 마산지원 2018.02.27 2017가단100959
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person operating “E”.

From May 1, 2012, Defendant B served as a driver after being employed by Defendant C from July 10, 2014, and Defendant D from February 14, 2014 to February 11, 2016, respectively.

B. After retirement, the Defendants filed a lawsuit against the Plaintiff seeking the payment of wages and retirement allowances (the Changwon District Court Branch Decision 2016Na7756, etc.) and filed a separate complaint against the Plaintiff in violation of the Labor Standards Act, etc.

(2016 Highest 517), c.

On August 24, 2016, the Plaintiff agreed with Defendant B and Defendant C, and Defendant D on September 28, 2016, and paid 6.5 million won to Defendant B, 7 million won to Defendant C, and 7.5 million won to Defendant D, respectively.

(hereinafter referred to as “instant agreement amount” in total). 【The grounds for recognition ] The fact that there is no dispute, entry of Gap 1-3 evidence (including additional number), and the purport of the whole pleadings.

2. Summary of the plaintiff's assertion

A. The Plaintiff paid the retirement pay to the Defendants as well as the monthly wage pursuant to the agreement entered into with the Defendants. As such, the Defendants should return the instant agreement paid as retirement pay to the Defendants as unjust enrichment.

B. The Defendants were to retire at the same time in bad faith and inflict damages on the Plaintiff, and thus, are liable to compensate for the damages.

C. From July 2015 and January 201, 2016, Defendant D was liable to compensate the Plaintiff for damages, as it destroyed and damaged the Plaintiff’s rash vehicle owned by the Plaintiff.

3. Determination

A. According to the statements in Gap evidence No. 1-3 as to the claim for return of unjust enrichment, the fact that "I received retirement pay early due to the shortage of house deposit money" is acknowledged at the bottom of each employment contract prepared between the plaintiff, defendant B, and D.

However, due to these circumstances, the Plaintiff and the Defendants agreed to pay in advance a certain amount of money with the monthly pay.

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