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. Facts of recognition;

A. The Plaintiff is a company that runs the wholesale and retail business of computers and surrounding equipment.

B. Defendant B entered into an employment contract with the Plaintiff from April 10, 2017 to March 23, 2018, and Defendant C entered into an employment contract with the Plaintiff from February 13, 2017 to March 23, 2018, and worked at the Plaintiff’s workplace.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 3, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the parties’ assertion 1) The Plaintiff Defendants worked between the Plaintiff and the Plaintiff for five days each week, but the working hours are set at four hours a day. However, instead of being separately paid a weekly holiday allowance or retirement allowance, the Defendants entered into an employment contract under which the Plaintiff would be additionally paid KRW 8,000 corresponding to one hour each day in lieu of being paid a weekly holiday allowance or retirement allowance. Nevertheless, the Defendants filed a petition with the labor office to the Plaintiff that the retirement allowance, etc. was not paid to the Plaintiff, and received a separate payment from the Plaintiff for retirement allowance and weekly holiday allowance. Accordingly, the Defendants were liable to return to the Plaintiff the amount corresponding thereto as unjust enrichment. (2) The Defendants did not receive any additional payment of KRW 1,760,000 corresponding to the Plaintiff’s overtime allowance and weekly holiday allowance in lieu of being paid a weekly holiday allowance or retirement allowance.

B. We examine the judgment of the court of this case, and the statement 1-8 of Gap evidence 3 is not sufficient to acknowledge the plaintiff's assertion that the defendants agreed to be additionally paid KRW 8,000 equivalent to one hour per day in lieu of the plaintiff's paid holiday allowances or retirement allowances instead of receiving them separately (the plaintiff and the defendants did not have a labor contract made between the plaintiff and the defendants), and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim does not need to examine the amount of money, etc.