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(영문) 서울중앙지방법원 2014.02.20 2013가단82126
부당이득금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of premise;

A. The Defendants were the sales workers belonging to the Plaintiff, and entered into a sales service agreement between the Plaintiff and the Plaintiff, around September 1, 2005 or around September 1, 2006, that the Defendants would sell the Plaintiff’s products and collect sales service fees at a certain rate of monthly sales amount (hereinafter “instant service agreement”).

B. The Plaintiff paid fees under the above service contract to the Defendants. Defendant B had been paid on March 31, 2012; Defendant C had been on August 31, 2012; Defendant D had been on December 31, 2009; and Defendant E had each service contract expired on September 30, 2010.

C. The Defendants filed a petition with the Seoul Regional Employment and Labor Agency (hereinafter “Labor Agency”) that the Plaintiff did not pay retirement allowances, and the Plaintiff paid the Defendants the money stated in the purport of the claim as retirement allowances according to the direction of the Labor Agency’s correction.

[Reasons for Recognition] Facts without dispute, Gap 1, 3 (including more than one number), Eul 2-6 evidence (including more than one number), the purport of the whole pleadings

2. The Plaintiff’s assertion that the Defendants received retirement allowances from 8.33% of the monthly fees under the instant service agreement, and received retirement allowances again to the Korea Labor Agency, and thus, the retirement allowances paid under the said service agreement ought to be returned in unjust enrichment.

(See the above specific assertion). The defendants enter into a sales service contract with the plaintiff and receive allowances according to the sales performance, that is, the plaintiff's employee, not the plaintiff's employee, and there is no reason to pay retirement allowances to the defendants.

However, when converting the labor relations with the Defendants into the instant service agreement, 8% of the existing annual salary was increased, and 8.33% of the monthly fee was set as retirement allowance for the Defendants in consideration of the retirement allowances, employment insurance, national pension, industrial accident insurance, medical insurance, etc. in the existing labor relations.

Nevertheless, the Defendants are the Defendants.

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