1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a non-corporate group comprised of the representatives of buildings elected in proportion to the number of households by buildings in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant apartment”).

The Defendant entered into an entrustment work contract with the Plaintiff and retired after serving as the guard of the instant apartment from April 26, 2013 to April 25, 2016.

B. At the time of the Defendant’s retirement, the Plaintiff paid KRW 2,960,230 to the Defendant as retirement allowances for the period from April 2014 to April 2016.

C. After doing so, the Defendant filed a petition with the Seoul Regional Employment and Labor Office on the ground that the Plaintiff had not paid retirement allowances from April 26, 2013 to March 31, 2014 during the entire period of employment. The Defendant ordered the Defendant to pay KRW 1,037,080, out of KRW 3,997,310 (=3,997,310 - 2,960,230) for the Defendant’s total period of employment, on the ground that the Defendant’s payment of retirement allowances from April 23, 2013 to March 31, 2014 was unpaid.

Accordingly, the plaintiff paid the above KRW 1,037,080 to the defendant additionally.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, Eul evidence No. 1 (including additional number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion was that the Defendant paid the retirement pay from April 26, 2013 to March 31, 2014, in full, KRW 88,200 to KRW 109,990 each month, in accordance with the agreement on the installment payment of retirement allowances with the Defendant.

Nevertheless, the defendant, after his retirement, made a false representation that he did not receive retirement allowances during the above period. Accordingly, the plaintiff suffered losses to pay 1,037,080 won as additional retirement allowances to the defendant without any legal ground. Since the defendant took advantage of the above amount without any legal ground and sustained losses to the plaintiff, the defendant was liable to the plaintiff.