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(영문) 서울동부지방법원 2014.10.29 2014나4462
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The gist of the Plaintiff’s assertion that the Defendant’s husband C, while serving as the representative director of the Plaintiff Company, was paid KRW 66,80,000,000 in total under the name of 66,40,000 as salary, and 40,000 as salary, even though the Defendant had not provided any labor to the Plaintiff Company from October 2007 to December 201, by taking advantage of the husband’s status.

As a result, the defendant gains a benefit equivalent to the above amount without any legal ground and has the plaintiff suffered a loss equivalent to the above amount, the defendant must return it to the plaintiff as unjust enrichment.

2. In light of the following circumstances, it is insufficient to recognize the above assertion by the Plaintiff Company that the Defendant received the benefits or leave fees from the Plaintiff Company without any legal ground, and there is no other evidence to acknowledge it.

Therefore, the above argument of the Plaintiff Company is without merit.

According to the statement in Eul evidence No. 1, the defendant was appointed as a registration director of the plaintiff company on March 31, 2001, and was appointed as a registration director of the plaintiff company on March 31, 2004, and March 31, 2007. On March 31, 201, the defendant was reappointed as an internal director on March 31, 201, and retired on March 31, 2013.

B. Regarding whether the Defendant received money from the Plaintiff Company as wages or leave expenses, there are health certificate Nos. 1 and No. 2-1 and No. 2-2 as evidence as to whether the Defendant obtained profit by receiving money from the Plaintiff Company, and as to whether the Plaintiff Company received benefits, there are evidence No. 1 and No. 2-1 and No. 1-2. The evidence No. 1 is prepared to be used in the instant lawsuit at the time of the Plaintiff Company’s filing of the instant lawsuit, and it is difficult to believe that the stated matters are easily, unless it is supported by objective data, such as the Plaintiff Company’s accounting books, etc., which serve as the basis for the preparation of the above table. The evidence No. 2-1 and No. 2 is the wage payment statement prepared by the Suwon Tax Office based on the wage and salary income statement reported by the Plaintiff Company in

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