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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. 1) The Plaintiff is a corporation established with the aim of contributing to the development of the electricity industry and the national economy by promoting the fair and efficient operation of the electricity market and the stable operation of the electric power system based on the Electric Utility Act. The Defendant is a person working as the Plaintiff’s employee and retired on September 30, 2015. Meanwhile, the intra-company labor welfare fund of the Korea Power Exchange (hereinafter “ intra-company labor welfare fund”) is a corporation created by the Plaintiff, a business owner, for the purpose of establishing and managing the intra-company labor welfare fund with some business profits as financial resources pursuant to the former Act on the intra-company labor welfare fund (established as the Framework Act on Labor Welfare).
B. From March 3, 2006 to August 16, 2012, the Plaintiff paid a sum of KRW 28,535,000 to the Defendant, as indicated in the following table, as the Defendant’s school expenses for B University.
The amount of school year semesters (won) of March 1, 2006 on the date of February 1, 2008: 4,120,000; 3,140,000 August 18, 200 August 23, 2007: 3,574,000 on February 2, 19, 2008; 3,574,000 on February 3, 2009; 1 semester 3,574,000 on August 3, 200 on August 25, 2009; 2 semesters 3,574,000 on August 3, 200 on August 3, 200; 3, 574, 574, 00 on February 18, 200; 3,508, 18, 2008;
C. Meanwhile, upon receipt of the Plaintiff’s school expenses from the Plaintiff at least eight occasions, the Defendant prepared and submitted a letter of “the name of the applicant for the university school expenses loan” under the same text, stating that “I will apply for the school expenses loan as above, and confirm that I will have the entries stated.” On August 14, 2012, the Defendant prepared and submitted the following “certificate of the university expenses loan” along with the application for the university expenses loan.
The Korea Power Exchange shall be free of charge in the amount of three hundred and twenty thousand won.