부당이득반환 등 청구의 소
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. The reasoning for the court’s explanation on this part of the basic facts is as follows, and this part of the basic facts of the judgment of the court of first instance is the same as that of the corresponding part, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The 2nd 10th 10th 10th 1st 2nd 2nd 2nd 2nd 10th 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 3
In the 2nd 12th 12th 12th 2th 2nd 2nd 12th 2nd 2nd 2nd 2nd 2nd 2nd 201, “in the 2nd 2nd 2nd 2nd 2nd 2nd 201, a person who was reappointed and dismissed
The 20th 20th 20th 20th "Retirement Benefits from the Plaintiff on November 8, 2016" portion shall be "Retirement Benefits from the Enterprise Bank on November 8, 2016".
The three parallels to four parallels shall be dried as follows:
“ [Ground for Recognition] Unsatisfy, A 1 to 7, and A 10 copies (including the number with a tentative number);
hereinafter the same shall apply.
(i) Each entry and the purport of the whole pleadings;
2. Summary of the parties’ assertion
A. The gist of the Plaintiff’s assertion 1) since the Defendant served as a director or a representative director in charge of overall business of the Plaintiff’s personnel and business, etc. since it was established, it does not constitute workers as prescribed by the Labor Standards Act, and in order to receive retirement benefits, it is required to obtain a resolution of a general meeting of employees pursuant to Articles 567 and 388 of the Commercial Act. However, the Defendant received retirement benefits of 210,643,439 won on November 8, 2016 without obtaining the approval of the head office of Germany, the only member of the Plaintiff, and thus, the Defendant is obligated to return to the Plaintiff 210,643,439 won as unjust enrichment. (2) The Defendant is required to obtain approval from the auditor or general meeting of employees pursuant to Article 564(3) of the Commercial Act (transaction between the director and the company).