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(영문) 서울고등법원 2015.05.01 2014나40550
부당이득금반환
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. The reasons for the judgment of the court of first instance are as follows: ① the witness I, J, and K witness of the first instance court’s 5th judgment “I,” and ② the evidence and facts as seen above are comprehensively taken into account: (a) the Plaintiff Company appointed Defendant B as the chairperson; and (b) paid the Plaintiff Company’s remuneration of KRW 1,257,869,040 and retirement allowance of KRW 1,416,575,903 from July 208 to September 2012, the Plaintiff Company’s “each regular general meeting of shareholders from March 28, 2005 to March 2012”; and (c) the Plaintiff Company’s “the board of directors’ resolution of March 28, 2005; and (d) the Plaintiff Company’s “the board of directors’ resolution of May 28, 2007” and “the board of directors’ resolution of May 28, 2007; and (d) the Plaintiff Company’s “the board of directors’s resolution of employment agreement.”

Therefore, barring special circumstances, such as the invalidity or cancellation of the above agreement, it is difficult to deem that Defendant B received remuneration and retirement allowance from the Plaintiff Company without any legal ground.

In addition, "The retirement allowance received by Defendant B" and "the Plaintiff Company" are added to "the retirement allowance received by Defendant B" under this Agreement between the Plaintiff Company and the Plaintiff Company, and "the defendant" in the second sentence of the 17th judgment of the first instance court, and "the defendant" in the 16th judgment of the first instance court is deemed to be "the defendant B," and "the third part of the 17th judgment of the first instance court," and "the above evidence alone is insufficient to recognize that the act of the director of the Plaintiff Company paid the remuneration and the retirement allowance to the Chairperson on behalf of the Chairperson constitutes a neglect of duty due to tort or intentional negligence, and there is no other evidence to prove otherwise.

In addition, the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and it is accepted by the main text of Article 420 of the Civil Procedure Act.

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