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(영문) 인천지방법원 2017.10.12 2016가단235656
부당이득금
Text

1. The Defendant’s KRW 35,645,720 as well as 5% per annum from January 1, 2007 to February 8, 2017 to the Plaintiff.

Reasons

1. As to the cause of claim

A. The Plaintiff’s assertion 1) The Defendant, while in the position of the representative director of the Plaintiff, included the period of service of the C church, independent organization, in the calculation period of retirement allowances, excessive amount of average wages, and received retirement allowances. However, remuneration, including retirement allowances of executives of a company under the Commercial Act, is to be determined at the general meeting of shareholders unless otherwise stipulated in the articles of incorporation. However, since there was no resolution of the general meeting of shareholders that includes the period of service of the C church, the Defendant is obligated to return the money stated in the purport of the claim as unjust enrichment.

B. The plaintiff worked as follows. The period of 20.2. 1: from February 1, 1997 to February 17, 2002, 197; D from February 18, 2002 to August 6, 2002, 30. 200 to 5. 20. 8. 25 to December 31, 2006, from 205 to 20. 25, from 207. 19 to 20. 20, from 205 to 20. 5, from 207. 20, from 205 to 20. 197, from 205 to 20. 27. 197, from 207 to 20. 197, from 207 to 20. 18. 27. 19. 27. 27. 1. 207

(a)in the event of the movement of employees between C institutions, the agency prior to the movement settle accounts of retirement allowances for the period of service;

(b)the final working body calculates retirement allowances for the C entire service period;

(c)the payment shall be made by subtracting the total amount of retirement allowances received by the previous agency from retirement allowances during the C entire service period.

between agencies;

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