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(영문) 서울고등법원 2015.10.30 2014나2001261
퇴직금
Text

1.The judgment of the first instance, including a claim modified at the trial, shall be modified as follows:

In the lawsuit of this case.

Reasons

1. Basic facts

A. C worked as a director of a rehabilitation company (former company: D Co., Ltd.) for a period of four years from March 27, 2006, and retired on March 27, 2010, and C calculated retirement allowances to be received from the rehabilitation company according to the criteria for calculation of retirement allowances under Article 3 of the Regulations on Payment of Retirement Allowances for Officers of the rehabilitation company. The amount of 665,583,360 won is calculated.

B. On May 6, 2010, C, who was fully paid a retirement allowance from the rehabilitation company, transferred 521,689,036 won out of 665,583,360 won of the retirement allowance claim against the rehabilitation company to the rehabilitation company. On May 10, 2010, C notified the rehabilitation company of the assignment of the above assignment and then sent notice to the rehabilitation company at that time.

C. After that, on March 25, 2013, when Co., Ltd was in a criminal trial, on March 25, 2013, when Co., Ltd was transferred to the non-party company, 143,894,324 won (i.e., 665,583,360 won - 521,689,036 won) and 665,583,36 won from March 28, 2010 until May 5, 2010, when Co., Ltd notified the non-party company of the fact that 521,689,036 won was transferred to the non-party company (i.e., 65,583,360 won x 365 days x 365% x 365% x 147,450 won x 180 won).

On the other hand, on May 13, 2014, while the instant lawsuit was pending, rehabilitation procedures for the rehabilitation company began on May 13, 2014 (the Changwon District Court 2014hap16), the administrator, E, and F took over the proceedings of the rehabilitation company in sequential order.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1, 3 through 8, purport of the whole pleadings

2. The plaintiff's ground for claim

A. The Plaintiff, by January 2010, lent 400 million won or more to C, was drafted on January 28, 2010 as to KRW 200 million, and C is not the same as repayment for the said borrowed amount.

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