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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a person who became a member of the Defendant Company on December 2, 2011 and was treated as a retired employee on February 28, 2017.
B. From April 15, 2014 to January 12, 2015, the Plaintiff remitted total of KRW 110,000,000 to the Defendant Company as follows:
Temporary amount of 10,000,000 on April 15, 2014; 20,000 on May 30, 2014; 30,000 on July 1, 2014; 30,000,000 on July 1, 2014; 10,000,000 on July 31, 2014; 5, 2005 on October 24, 2014; 10,000,000 on June 28, 2014; 10,000,007 on July 30, 200, 2000; 10,000,000,000 on August 10, 2015;
C. On the other hand, on May 12, 2014, the Plaintiff leased the lease deposit of KRW 10,000,000 from Nonparty C as the lease deposit of KRW 10,000,000, monthly rent of KRW 600,000 from Nonparty C, and paid KRW 10,000,000 to C. The said commercial building was used as the Defendant Company’s branch office.
[Grounds for recognition] The descriptions of Gap evidence Nos. 3 through 5, the purport of the whole pleadings
2. The plaintiff asserted that he joined the defendant company upon the request of the representative director E of the defendant company, who was well aware of his post-university relationship, and worked for the defendant company. Upon the request of E, the plaintiff lent KRW 110,000,000 in cash to the defendant company's operating funds and KRW 120,000,000 in the lease deposit for the defendant company's branch office.
Therefore, the defendant company is obligated to pay the above loans and damages for delay to the plaintiff.
3. The defendant asserts that the lawsuit of this case is unlawful because it violated the subordinate agreement, and therefore, he examined the defendant's main defense of this case.
First of all, according to the statement in Eul evidence No. 1, it is recognized that the plaintiff prepared a letter of undertaking on April 5, 2017, which was after the withdrawal from the defendant company.
1. 10,286,074 won of retirement pay paid by a person himself does not raise any objection with respect to the payment and amount of the retirement pay and on any pretext requires additional money for any reason.