(영문) 서울남부지방법원 2015.10.15 2014가단231136

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(영문) 서울남부지방법원 2015.10.15 2014가단231136

전환보상금반환 청구의 소

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1. The Defendant’s annual interest in KRW 20,488,732 and KRW 19,988,609 among the Plaintiff, from May 24, 2014 to September 29, 2014.

Reasons

1. Facts of recognition;

A. The Defendant was selected as the Plaintiff’s public bonds of 2007 graduate employees and worked in B from November 5, 2007 to which the Plaintiff belongs.

B. On July 23, 2012, the Plaintiff agreed to recover excess gains from the transfer of the system (including retirement benefits received by the retired employee without the transfer of the system from the total retirement benefits received to the retirement benefits received by the retired employee; hereinafter “the excess gains in this case”).

C. On July 23, 2012, the Defendant, who was a member of the Plaintiff’s trade union, was paid the said compensation to the Plaintiff and the employees applying for interim settlement of the retirement allowance, but applied for interim settlement of the retirement allowance by individually stipulating that the excess gains should be returned within three years from the date of payment of compensation to the Plaintiff. Around that time, the Defendant received KRW 60,415,46 in total, 32,38,839 in interim settlement of the retirement allowance, and the retirement allowance system conversion compensation amounting to KRW 28,026,60,607.

On January 4, 2014, the Defendant retired from office on April 18, 2014 after the transfer to C (C; hereinafter referred to as “C”) room of the Investment Finance Headquarters (hereinafter referred to as “C”) under the personnel order of the Plaintiff.

E. On March 27, 2014, the Defendant submitted to the Plaintiff a plan for return of retirement compensation to the effect that the Plaintiff promised to repay the excess gains from retirement allowances, and the Defendant’s retirement benefits that the Defendant would have received as a successful performance are KRW 39,926,714.

[Ground for recognition] Facts without dispute, Gap evidence Nos. 1 and 5, and Gap evidence No. 2-1 (the defendant has a defense that Gap evidence No. 5 was prepared by the plaintiff's duress or the defendant's expression of intent by mistake, but no evidence exists to acknowledge it), the purport of the whole pleadings, and the purport of the whole pleadings.

2. According to the above facts of recognition as to the cause of the claim, the defendant.

유사 판례

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