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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Summary of the parties' arguments
A. Nonparty C, the Defendant, and Nonparty D, the founder of the Plaintiff’s summary of the Plaintiff’s assertion (hereinafter “Plaintiff”) agreed not to pay remuneration to the Plaintiff’s officers before the establishment of the Plaintiff Company, and also stipulated in the articles of incorporation.
Nevertheless, the Defendant, on February 16, 2007, withdrawn KRW 27,500,000 as remuneration for the sum of KRW 2,500,000 each month from the corporate account of the Plaintiff Company from February 14, 2007 to December 14, 2007, and withdrawn KRW 40,000,000 without any relation to the Plaintiff Company’s business.
Therefore, the defendant should return to the plaintiff company the sum of the above amount of KRW 67,500,000 and damages for delay as unjust enrichment.
B. The summary of the Defendant’s assertion 1) The Defendant received KRW 27,500,000 as the representative director of the Plaintiff Company, and there was the consent of C and D, who are directors. C at the time, as the general manager of shareholders and accounting, arranged the above Defendant’s wage payments to the Plaintiff Company’s account book, and made it available to the National Tax Service through Nonparty E tax accountant. In addition, the Defendant paid KRW 40,000,000, which was withdrawn on June 11, 2007, to Nonparty F as the amount of regular collection.
3) The Plaintiff Company’s claim of this case is a claim for damages caused by the Defendant’s tort. Since three years have elapsed since the Plaintiff Company became aware of the Defendant’s act of withdrawal without permission, the extinctive prescription has expired. 2. On February 16, 2007, the Plaintiff Company’s withdrawal of KRW 27,500,000 each month from the accounts of the Saemaul Bank from February 14, 2007 to December 14, 2007, including KRW 27,50,500,000 each month, and June 11, 2007, there is no dispute between the parties. Whether the Defendant acquired the said money without any legal cause and gained actual benefits, the fact that the amount of KRW 40,00,00 each was withdrawn is not included in the statement of health, B,3, and 4 (including each number of statements).