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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. Basic facts
A. On April 1, 1989, the Plaintiff, a branch of the "Gyeong-do Private Taxi Transport Business Association" is a non-corporate group consisting of persons who have acquired a license for private taxi transport business from A Si, and was established with the purpose of promoting joint welfare and friendship among its members, promoting the sound business development of the branch, establishing a cooperative system with the branch and the above union.
Plaintiff
In its umbrella, four companies of C branch, D, E, and F are being operated.
B. The Defendant was elected as the 10th head of the Plaintiff’s 10th branch in 2007 and performed his duties as the 11th branch head in 2010. However, the Defendant was reappointed as the 11th branch head in 2010. However, the Defendant was absent from the 12th election in 2014 and was retired from office until November 30, 2014.
C. On December 9, 2014, the Defendant received payment of KRW 18,690,513 ( KRW 18,214,383 as retirement allowance for the Defendant’s service as the head of the Plaintiff’s branch, from January 1, 2008 to November 30, 2014) under the pretext of retirement allowance corresponding to the period from January 1, 2008, when the Defendant served as the head of the Plaintiff’s branch.
Article 16 (Treatment of Officers) Paragraph (1) related to the benefits of the head of the chapter in the articles of incorporation of the plaintiff was amended as follows.
[Article 16(1) of the Articles of Incorporation Regulations (Article 16(1) of the former Articles of Incorporation) The head of the chapter and the head of the department of the division shall pay monthly benefits in accordance with the table of the standard amount of benefits payment under subparagraph (attached Table), and the benefits shall include retirement allowances and allowances as annual salary system.
As amended on December 15, 2009 (hereinafter referred to as the "First amended Articles of Incorporation") and the benefits of the head of the branch office and the head of the department shall be paid according to the resolution of the Steering Committee, and shall be within the scope of the Labor Standards Act.
Benefits of the head of a branch office and the head of a department who has been amended in 2010 (hereinafter referred to as the "second amended Articles of Incorporation") shall be paid according to a resolution of the Steering Committee, shall be subject to the Labor Standards Act and shall be treated equally
[Ground of recognition] Unsatisfy, Gap evidence 1, 15, 16, Eul evidence 1, 2, 7, 7.