1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. From September 2009 to April 2018, the Plaintiff worked as the Defendant’s employee. From June 2014 to April 2018, the Defendant’s injured branch of China concurrently held office concurrently.

B. The Defendant deposited the 4,800 bill in the Chinese bank account (Account Number: D; hereinafter “instant account”) under the Plaintiff’s name from June 2015 to March 2018.

C. On October 24, 2017, the Plaintiff deposited 120,000 bills from the instant account and brought them to the Defendant around that time.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-3, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff received 4,800 bills each month from the Defendant to the instant account, as the Plaintiff’s injury branch office benefit.

However, the defendant ordered the plaintiff to withdraw 120,000 bills out of the money deposited in the account of this case, and the plaintiff was merely aware that the defendant would not arbitrarily dispose of the plaintiff's benefits or unfairly hold them.

Therefore, the defendant has a duty to pay the plaintiff 120,000 bills to return unjust enrichment (the primary cause of claim) or to compensate for damages arising from a tort (the preliminary cause of claim).

B. The Defendant merely deposited the 4,800 bill each month into the instant account in a formal manner due to the Plaintiff’s wage reporting issue under the Chinese laws and regulations, and did not actually receive the said money as the Plaintiff’s concurrent office pay.

Therefore, the plaintiff's assertion that the money deposited every month in the account of this case constitutes the plaintiff's concurrent benefit is unfair.

3. Determination

A. The following facts may be acknowledged in light of the purport of the entire pleadings in the statements Nos. 3, 4, and 1 and 2 as evidence A.

① The instant account was opened on May 21, 2015, and the 1,000 bills were deposited on the same day, and most of them were deposited until June 27, 2015.

In addition, after the 4,800 bill was first deposited on June 18, 2015, the 4,800 bill was withdrawn on October 24, 2017.