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Reasons
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(영문) 서울고등법원 2016.06.03 2016나2000026
손해배상(기)
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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of providing human resources services, etc., Defendant B served as the representative director or joint representative director of each Plaintiff from March 31, 2001 to March 31, 201, Defendant C from August 25, 2005 to March 31, 2013.

From March 31, 2004 to May 3, 2004, Defendant B and D were co-representatives, and from August 25, 2005 to March 31, 2009, the Defendants were co-representatives.

B. From around 2005 to 2013, the Plaintiff paid the Plaintiff’s executives or shareholders with the following nominal money.

1) The Plaintiff’s officers were in office as the head of the Plaintiff at the time of receiving the first half-year bonus in 2005, and were in office as a director from the time of receiving the second half-year bonus in 2007. Of the instant bonus, the amount of KRW 8,600,000 received during the first half-year period in 2005 to the first half-year in 2007 ( KRW 3,600,000 in 2,000 in 207,000, KRW 2,000 in 2,00,000 in 2,007, KRW 205, KRW 208, KRW 300,000 in total, KRW 325,000 in 2,00 in 205, KRW 208 in 200 in 208, KRW 325,530 in 2006, KRW 325300 in 2004 in 2008.

(2) The Plaintiff paid each of the instant piece rates to executive officers of KRW 47,925,00 as piece rates, KRW 60,050,00 in 208, KRW 30,279,00 in 209, KRW 69,980,00 in 2010, KRW 70,380,00 in 201, KRW 70,380 in 201, and KRW 348,94,00 in total, KRW 70,380 in 20,00 in 2012 (hereinafter “the instant piece rates”).

3) The Plaintiff’s management allowances of KRW 140,00,000 for executive officers in 2010, KRW 45,000,000 for management allowances, and KRW 45,000 for year 201, and KRW 140,000 for management allowances (hereinafter “instant management allowances”).

(4) The Plaintiff paid each of the instant multiple aid costs of KRW 5,185,00 (hereinafter referred to as “instant multiple aid costs”) to executive officers around February 2010.

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