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(영문) 서울고등법원 2015.02.25 2013나2023165
부당이득금반환 등
Text

1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The plaintiffs' assertion as representative director, the defendant revised the rules on the payment of retirement allowances of the company A Savings Bank (hereinafter "A Savings Bank"), the company B Savings Bank (hereinafter "B Savings Bank"), the company D Savings Bank (hereinafter "D Savings Bank prior to the change of trade name"), the company D Savings Bank (hereinafter "D Savings Bank"), and the company D Savings Bank (hereinafter "D Savings Bank") in the above three locations without due process, and received money in excess of retirement allowances under the original provisions.

Therefore, as retirement allowances received in excess of the due director retirement allowance payment provision or received in violation of the duty of care as the representative director from the savings bank in breach of trust against the savings bank in this case, or received in violation of good morals and other social order, the defendant is liable to return 425,595,804 won (=638,393,706 won received retirement allowance - legitimate retirement allowance 212,797,902 won), or to the Korea Deposit Insurance Corporation in Bankruptcy Bank (hereinafter “Plaintiff Savings Bank”) in violation of the duty of care as 192,849,92 won (i.e., 289,274,988 won - legitimate retirement allowance 96,424,996), and the defendant is liable to return to the bankruptcy trustee in bankruptcy of the Plaintiff Savings Bank in violation of the duty of care care and good morals and other social order (i.e., hereinafter “Plaintiff Savings Bank”) - 3607,484,297,384, etc.

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