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(영문) 의정부지방법원고양지원 2017.05.31 2016가단20636
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 89,046,40 and the interest rate of KRW 15% per annum from July 27, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a public institution established under the Integrated Energy Supply Act and engaged in the production, transportation, distribution of integrated energy, and other business related thereto. The Defendant is a person who served as the Plaintiff’s president and retired on May 31, 2013.

Article 11 (Remuneration System) The remuneration for the head of an agency shall be the basic annual salary, piece-rate rate and retirement allowance, and the relevant provisions of institutions shall apply mutatis mutandis to the timing and method of payment unless otherwise expressly provided in this Agreement.

Article 13 (Performance Rates) (1) The head of an agency shall pay piece rates according to the results of management performance evaluation under Article 48 of the Act, and the limit and payment rate of piece rates shall be determined by the Government.

(2) In principle, the payment period for piece rates shall be paid within three months after the business performance evaluation under Article 48 of the Act is completed.

Article 14 (Adjustment after Payment of Bonuses) (1) Where it is intended to revise an amount paid as piece rates due to tax refund, detection of errors and other causes after payment of piece rates to the head of an agency, it shall be adjusted accordingly at the time of payment of piece rates in the following year.

(2) Where the head of an agency retires early and is unable to pay the piece rates under the preceding paragraph from the piece rates in the following year, and there is a ground for additional payment, the agency shall pay it additionally to the retired head of agency, and where there is a ground for additional payment, the retired head of an agency shall return

B. The head of an agency’s business performance contract entered into between the Plaintiff and the Defendant around October 2012 (hereinafter “instant business performance contract”) determines as follows:

C. Meanwhile, the Plaintiff’s annual salary rules for executive officers (hereinafter “instant annual salary rules”) stipulate as follows.

Article 8 (Performance-Based Bonuses) (1) Performance-based bonuses means bonuses paid according to the results of the evaluation of government management.

(2) The president's performance bonus shall not exceed 200% of the basic annual salary.

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