1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. From September 201, the Plaintiff was employed and retired on February 28, 2013 while serving in Company B (hereinafter “B”).

B. On June 21, 2012, the Plaintiff borrowed KRW 67,787,600 from the Defendant, who is the employee stock ownership association B (hereinafter “instant lending”) and thereby was allocated KRW 5,480 per share to KRW 12,370 per share.

C. The Defendant received the employee shares as above, and thus withdrawal of the employee shares can be made only at the time of retirement, but if he voluntarily retires within three years, he/she disposed of the shares allocated and appropriated them first to the loan of this case. Of the proceeds of disposal, the portion exceeding the loan from the proceeds of disposal was agreed to immediately return to B (hereinafter “instant agreement”).

As the Plaintiff retired from B on February 28, 2013, the Defendant deemed it as the Plaintiff’s voluntary retirement on March 22, 2013, and disposed of KRW 128,927,681 at the market price at the time according to the instant revolving agreement, and repaid KRW 65,469,560 (the instant loans 67,787,600 - dividends 2,318,040) with the proceeds of the instant disposal, and forced the remainder of KRW 63,458,121 (the dividends - KRW 65,469,560) (the dividends - dividends 2,318,040).

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 through 4, 7 through 12, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion is based on unfair work instructions, such as having the head of C, who was the direct superior of the Plaintiff, perform the Plaintiff’s task preparation of the EMBA process that the head of C, who was the direct superior of the Plaintiff, individually acquired, and resulting from extreme mental stress arising from the division of work, stress, and home disenchability.

Therefore, the plaintiff's withdrawal is not a voluntary retirement.

Even if the plaintiff voluntarily retires, the employee stock ownership association member voluntarily retires within three years from the date of allocation of employee stocks.