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(영문) 대전지방법원 천안지원 2018.11.30 2017가합101716
부당이득금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) is a company with approximately 270 regular employees, approximately 80 non-regular employees, whose sales as of the year 2016 amount to approximately 2,47.5 billion won, and whose sales as of the year 2016 amount to approximately 2,47.5 billion, E, F, G, H, 66 store leasing businesses, gallongs, etc. in Yannam-gu, Yannam-gu.

Defendant B Co., Ltd. (hereinafter “Defendant Company”) was working for 36 employees, and the annual standard sales in 2016 amount to approximately KRW 11.9 billion, and is working for 26 rental businesses in the ceiling, and is directly working for the gas station in the F site.

B. I is a major shareholder of C and the defendant company, and is a person who actually controls and operates the said 13 individual business places (the representative is I or one of the children of I) located in the business establishment located in E and Dong-gu, Y (hereinafter “J”), Y (hereinafter “J”) and Dong-gu, Nam-gu, Dong-gu, Seoul.

C. Since the Plaintiff joined as a member of the accounting division of C on April 8, 1991 and started his/her service, the Plaintiff performed the audit duties of C, the Defendant Company, and the J, with I’s instructions, and performed other duties of accounting management of individual businesses.

From January 1, 2003 to November 30, 2010, the Plaintiff served as C’s director, and C’s auditor from December 1, 2010, and retired on December 31, 2016.

The Plaintiff concurrently audited the Defendant Company from November 29, 2010 to December 31, 2016, and from March 23, 2004 to December 31, 2016 (it refers to the period until December 31, 2016 in which the Plaintiff actually audited the Defendant Company.

【Ground of recognition】 Evidence Nos. 1 through 3, Eul Nos. 1, 3, 12, and 14 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s primary assertion 1) The Defendant Company’s primary assertion is remuneration to the Plaintiff even though the Plaintiff had been delegated by the Defendant Company as an auditor of the Defendant Company on March 23, 2004 through December 31, 2016 under the unilateral direction of I without entering into an appointment contract.

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