1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant is an incorporated school foundation established under the Private School Act, and the Plaintiff served at C schools operated by the Defendant as the president from March 1, 2008 to August 31, 2013.

B. The Plaintiff donated wages from June 2008 to March 2012 as Cschool Development Fund.

C. From May 12, 2012, as a result of the comprehensive audit conducted by the Ministry of Education with respect to C Schools, many violations of the Private School Act were discovered.

Accordingly, on May 29, 2013, the Minister of Education approved the application for the abolition of the C school due to the low-income supplement rate, the possibility of completing the audit by the Ministry of Education, the continuous aggravation of the balance of funds, etc., and C school closed down as of August 31, 2013.

However, the Defendant’s board of directors held on June 27, 2013 decided to return KRW 216,948,650, which the Plaintiff paid to C school with the development fund, from the Defendant’s corporate account (hereinafter “instant consolation money”) to the Plaintiff as consolation money (hereinafter “instant first resolution”).

In addition, the defendant board of directors held on July 12, 2013, again donated the consolation benefits of this case from the plaintiff to the defendant, but 1/3 of which is used as the cost to alter the use of the three buildings located in South-ju E in the D University, and the remaining 2/3 of which is proposed to make a contribution by designating the purpose to be used at the F School to be newly established, and decided to receive the contribution as the plaintiff's wishes.

However, the above donations were not used by the plaintiff in a designated place.

E. The Plaintiff was not paid KRW 16,350,710 as wages from February 2, 2013 to August 31, 2013 while serving as the president of Cschool.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 10 through 12, 14, Eul evidence 1 through 3, 5, 7, and 10, and the purport of the whole pleadings

2. Determination

A. (1) The Plaintiff asserted that the instant consolation money was donated to the Defendant on a conditional basis, and the said condition was attached thereto.