1. The Defendant shall pay to the Plaintiff KRW 36,812,50, and the interest rate of KRW 15% per annum from August 13, 2016 to the day of full payment.

1. Basic facts

A. The Plaintiff was established under the Integrated Energy Supply Act, and was a public corporation engaged in the production, transportation, distribution of integrated energy, and other business related thereto. The Defendant served as the Plaintiff’s standing director and retired on November 7, 2013.

B. According to the performance-based contract concluded between the Plaintiff and the Defendant, the performance-based bonus of the Plaintiff’s standing director shall be determined by the average payment rate of the public institution operating committee according to the results of the performance evaluation for each year within the limit of 100% of the basic annual salary according to the results of the performance-based management evaluation, and the payment rate of performance-based bonus shall be determined by adding or deducting the amount of performance-based bonus among standing directors according to separate standards (Article 11). If the amount of performance-based bonus is to be changed due to tax refund, error discovery, or other reasons after the payment of performance-based bonus to the standing director, it shall be adjusted at the time of the payment of performance-based bonus for the following year, but if the cause of the reduction in the amount occurs, the retired standing director shall return

§ 12(c).

The Plaintiff received class B as a result of the Government Management Evaluation in 2012, and paid KRW 73,625,000 on piece rates to the Defendant by applying the payment rate of 76%.

On December 15, 2014, the Board of Audit and Inspection issued an order to take measures to recover excessive management evaluation performance rates that have been paid differently from the budget compilation guidelines for public corporations and quasi-governmental institutions and to ensure that it does not apply the payment standards for performance rates differently from the above guidelines when the management evaluation is paid in the future.

- on October 27, 2009, the plaintiff resolved to increase the basic salary in the year 2010 above that of the previous year, public enterprises and quasi-governmental institutions;