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(영문) 수원지방법원 2019.12.12 2018나89572
부당이득반환
Text

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.

Reasons

1. The Plaintiff, as a school juristic person, is operating the C University, and the Defendant is working as a contractual worker for the C University Management Team.

is a retired person.

From June 26, 2017 to July 5, 2017, the Ministry of Education conducted an accounting audit with respect to the Plaintiff and Cuniversity. During that process, Cuniversity collected the said money from the Defendant and ordered the Defendant to take corrective measures to collect the said money.

[Ground of recognition] Evidence Nos. 1 through 8 (including paper numbers), the purport of the whole pleadings

2. The Plaintiff’s assertion that the Defendant received the foregoing amount of KRW 4,444,790 in duplicate from C University. As such, the Defendant is obligated to refund the said amount and damages for delay to the Plaintiff.

3. According to the aforementioned evidence, the Defendant’s 100,000 won per month received food from C University is recognized.

However, the evidence submitted by the plaintiff alone is insufficient to recognize the fact that the defendant received 4,44,790 won in duplicate in addition to the above food stand together, and there is no other evidence to acknowledge it.

4. The plaintiff's claim for conclusion shall be dismissed for lack of reasonable grounds.

The judgment of the court of first instance is justifiable in its conclusion, and it is so decided as per Disposition by the assent of all participating Justices on the bench.

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