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(영문) 서울중앙지방법원 2017.12.21 2017가단5073569
퇴직금 청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The facts below the basic facts do not conflict between the parties, or may be admitted by taking into account the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 4, and Eul evidence Nos. 1 to 15.

During the period from June 17, 2014 to March 15, 2016, the Plaintiff borrowed three million to two hundred and twenty million won from customers A and B for the purpose of living fund, etc., on August 5, 2016, the Plaintiff breached its duty of prohibition of monetary lending and lending by privately lending KRW 4 million to the customer C. On June 28, 2012, the Plaintiff issued one check with his mother-child card by means of preparing an application for membership in lieu of his/her own member, and then used the card for personal purpose, such as money lending, etc., on November 22, 2016.

B. On December 2016, the Defendant bank provided a desired retirement according to the labor-management agreement.

According to the public notice on the special retirement of the Defendant Bank (hereinafter “instant public notice”), the special retirement allowance for the follow-up service shall be paid according to the position as of December 31, 2016, and the special retirement allowance for the follow-up service shall be paid according to the position as of December 31, 2016, but in the case of the follow-up prior notice of disciplinary action, it shall be excluded from the preferential treatment of the payment rate of special retirement allowance

According to the above criteria, in the event that the Plaintiff received “a standby issuance” as the Plaintiff, it was publicly known that special retirement allowances should be reduced by 50%.

C. On December 19, 2016, the Plaintiff submitted a resignation (for application for special retirement) to the Defendant, and the Defendant approved the Plaintiff’s application for special retirement.

In the documents submitted by the plaintiff, "I swear that I will not raise any objection against all measures relating to the special retirement of the bank, including the procedures for payment of retirement allowances, if I have incurred any loss to the bank due to a cause attributable to the principal while in office, as prescribed by the relevant regulations."

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