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(영문) 대전지방법원 천안지원 2018.11.30 2017가합101723
부당이득금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) is a company with approximately 270 regular employees, approximately 80 non-regular employees, whose sales as of the year 2016 amount to approximately 2,47.5 billion won, and whose sales as of the year 2016 amount to approximately 2,47.5 billion, E, F, G, H, 66 store leasing businesses, gallongs, etc. in Yannam-gu, Yannam-gu.

Defendant B (hereinafter “Defendant Company”) is a company with 73 employees, with the annual turnover of 2016 equal to 7.25 billion won, and with the annual turnover of 2016 equal to 7.25 billion won, which operates H stores, carpets, beer, beer, and beer factories and operates 17 places of business.

B. I is a major shareholder of C and J (hereinafter “J”) and a person who actually controls and operates the said 13 individual business places (the representative is either I or one of I’s children) located in the business premises located in Yong-gu, Chungcheongnam-gu and Dong-gu, Chungcheongnam-gu, Seoul.

The representative L of the defendant company is I's children.

C. Since the Plaintiff entered as a member of the accounting division of C on April 8, 1991 and started his service, the Plaintiff performed the audit duties of C, J, and Defendant Company with I’s instructions, and performed other duties of accounting management of individual businesses.

From January 1, 2003 to November 30, 2010, the Plaintiff served as C’s director, and C’s auditor from December 1, 2010, and retired on December 31, 2016.

From November 29, 2010 to December 31, 2016, the Plaintiff served as an auditor of the Defendant Company (the Plaintiff was appointed as an auditor at the general meeting of promoters on November 29, 2010, and was registered as an auditor on March 23, 2017, but the period during which the Plaintiff actually performed duties is until December 31, 2016), and as an auditor of the J from March 23, 2004 to December 31, 2016.

[Ground of recognition] Evidence Nos. 1 through 3, Eul Nos. 1 through 4, 7, 8, 10 and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s primary assertion 1) The Plaintiff’s primary assertion is delegated by the Defendant Company (a unilateral instruction without entering into an appointment contract) with the Defendant Company on October 1, 2010.

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