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1. On the Plaintiff (Counterclaim Defendant),
A. As regards the Defendant (Counterclaim Plaintiff), the Defendant (Counterclaim Plaintiff) KRW 268,220,577 and KRW 60,800,000 among them, respectively.
Reasons
1. Basic facts
A. The Plaintiff is a reconstruction association that implements a reconstruction project after obtaining authorization for the establishment on December 24, 2002 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents on March 14, 2005 from the head of Jongno-gu Seoul Metropolitan Government (hereinafter “Plaintiff association”) with authorization for the implementation of a reconstruction project on March 14, 2005.
B. Defendant C is a member of the Plaintiff Union, and Defendant C, the same student of Defendant C, was appointed as a standing adviser of the Plaintiff Union on February 12, 2005 and performed the same duties as a standing adviser of the Plaintiff Union from August 2002 to May 3, 2008.
C. Defendant B received 14,420,577 won as part of overtime work allowance from the Plaintiff Union from March 31, 2005 to March 25, 2008, and received 63,000,000 won as part of the salary from August 31, 2002 to March 14, 2005, and received 63,000,000 won as part of the vehicle maintenance expense for 64 months from the end of March 2005.
(A) The Plaintiff Union asserted that Defendant B received KRW 64,00,000 per month on the basis of the vehicle maintenance cost for 64 months, and that Defendant B received KRW 64,00,000 per month on the basis of the vehicle maintenance cost. However, according to the evidence No. 62-1 of the evidence No. 62-1, Defendant B merely received the vehicle maintenance cost at 11 times in 2006, and did not receive the vehicle maintenance cost for one month in 1 month) / [Grounds for recognition] / There is no dispute, Party A’s entry in the evidence Nos. 1 through 3, 11, 12, 26, 38, 4, and 62 of the evidence Nos. 4 and 62 (including the number of each
2. Judgment on the plaintiff's main claim
A. According to the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Plaintiff’s association’s claim for return of unjust enrichment, such as overtime work allowances, salaries, and vehicle maintenance expenses, where the Plaintiff association intends to pay money to the Defendant B under the pretext of overtime work allowances, wages, and vehicle maintenance expenses, it shall undergo a resolution at the general meeting of the Plaintiff association members.