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

The defendant shall pay to the plaintiff 140,994,00 won with 5% interest per annum from May 3, 2013 to the delivery date of the complaint of this case, and 20% interest per annum from the next day to the day of full payment.

2. Purport of appeal

The same shall apply to the order.

A. Status of the parties

The Plaintiff is a school foundation that establishes and operates A University, A University, A High School annexed to A University, or A University, and the Defendant is a person who works as the chief secretary from December 10, 2012 to the head of the Plaintiff’s office on April 30, 2013 after employed as the staff of A University on May 10, 198.

B. Payment of honorary retirement allowances to the defendant

Upon the Defendant’s filing an application for voluntary retirement on April 29, 2013, the Plaintiff decided to pay KRW 241,704,00 as the Defendant’s voluntary retirement allowance on April 30, 2013 (i.e., the monthly salary amount of KRW 3,357,000 at the time of retirement (x 120% for the remaining X retirement age of KRW 60). On May 2, 2013, the Plaintiff paid KRW 241,704,00 to the Defendant.

C. The Ministry of Education, from January 1, 2013 to December 9, 2013, conducted an audit of the accounting division for the Plaintiff and its affiliated A university. On January 13, 2014, the Ministry of Education notified the Plaintiff of the audit results that honorary retirement allowances to be paid to the Plaintiff are KRW 100,710,00 according to the “Rules on the Payment of honorary retirement allowances for the School Foundation A University to the Defendant,” and that the excess honorary retirement allowances paid to the Defendant on the ground that they were paid in excess.

D. The articles of incorporation and provisions of the Plaintiff in relation to the case are as follows.

[2] The provisions of Article 89 (Organization of Juristic Persons) (1) and Article 1 (1) of the Articles of Incorporation shall apply mutatis mutandis (amended by Presidential Decree No. 2060, Dec. 6, 2013; hereinafter the same shall apply). The purpose of Article 50-3 (Purpose) of the Articles of Incorporation is to stipulate the detailed matters concerning the payment of an A.I.D.’s employee, school staff, and technical staff of each level of school for not less than 20 years of continuous service before the date of their retirement. (2) The purpose of this Article is to stipulate the scope of the payment of an A.I.D.’s monthly salary (paid) by the date of their retirement, the payment procedure, and other necessary matters within the scope of the budget. (3) The purpose of this Article is to stipulate the payment of an A.I.D.’s voluntary retirement allowance (Article 3(1) of the Remuneration Regulations).

(1) The allowances shall be paid to the teachers and staff determined to be voluntarily retired, and the amount of allowances shall be 120% of the amount of monthly salary (Article 3 subparagraph 1 of the Regulations on Remuneration) as at the time of their retirement multiplied by the remaining number of months in the retirement age, and the period shall not exceed 60 months. (1) This amendment provision shall be valid for a limited period from October 25, 201 to September 30, 201. (2) At the same time when this amendment is enforced, the "Rules on the Payment of Voluntary Retirement Allowances to A University in a School" shall not apply to the teachers and staff of a university.

【Ground of recognition】 The fact that there is no dispute, entries in Gap evidence 1 through 7 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The plaintiff's assertion

The honorary retirement allowances to be paid by the Plaintiff to the Defendant is KRW 100,710,00 pursuant to Article 3 of the "Rules on the Payment of the Early Retirement Allowances of School Foundation" (i.e., the monthly salary of KRW 3,357,000, X 1/2 for the remaining 60 months of the retirement age of KRW 60,70,000, and the Defendant paid KRW 241,704,000 in excess of the above 60-month retirement age. Thus, without any legal ground, the Defendant obtained profits of KRW 140,994,000 (= KRW 241,704,700 - KRW 100,710,000) and thereby suffered damages equivalent to the same amount to the Plaintiff. Accordingly, the Defendant is obligated to pay the Plaintiff the above KRW 140,94,000

B. Determination

1) Article 3 of the "Rules on the Payment of Honorary Retirement Allowances to A University" established for the purpose of prescribing the details of the payment of honorary retirement allowances to the employees of a legal entity, school staff of each level, and technical staff of A University pursuant to delegation of Article 50-3 (2) of the Plaintiff's articles of association, provides that one-half of the monthly salary at the time of retirement multiplied by the remaining number of months of retirement age for up to 60 months shall be paid as honorary retirement allowances. On the other hand, Article 4 of the "Rules on the Payment of Honorary Retirement Allowances" established for the purpose of prescribing the details of the payment of honorary retirement allowances to the faculty members of A University, which provides that 120% of the monthly salary at the time of retirement shall be paid as honorary retirement allowances by the remaining number of months of retirement age for up to 60 months, the "Rules on the Payment of Honorary Retirement Allowances" and the "Rules on the Payment of Allowances to A University" shall also be amended from 10 October 1, 2011 to 20.

Article 89 (5) of the Act on the Payment of Retirement Allowances to A University shall apply mutatis mutandis to an employee who was an employee of A University under Article 8 (1) of the Act on the Payment of Retirement Allowances to A University; Article 89 (2) of the Act on the Payment of Retirement Allowances to A University; Article 89 (2) of the Act on the Payment of Retirement Allowances to A University; Article 89 (3) of the Act on the Payment of Retirement Allowances to A University; Article 86 (1) of the Act on the Payment of Retirement Allowances to A University; Article 86 (2) of the Act on the Payment of Retirement Allowances to A University; Article 89 (3) of the Act on the Payment of Retirement Allowances to A University; Article 89 (5) of the Act on the Payment of Retirement Allowances to A University; Article 86 (2) of the Act on the Payment of Retirement Allowances to A University; Article 89 (3) of the Act on the Payment of Allowances to A University, which shall apply mutatis mutandis to an employee who was an employee of A University.

3) Therefore, the Plaintiff’s assertion seeking unjust enrichment equivalent to the difference between the actual honorary retirement allowances paid on the premise that the honorary retirement allowances to be paid by the Plaintiff to the Defendant ought to be calculated in accordance with the “Rules on Payment of Early Retirement Allowances at A University.”

3. Conclusion

Therefore, the plaintiff's claim of this case is dismissed due to the lack of reason, and since the judgment of the court of first instance is unfair, the defendant's appeal is accepted, and the part against the defendant in the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is dismissed, and it

Judge Lee Young-young

Judges Hong Young-young