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(영문) 서울중앙지방법원 2013.09.06 2012가합531147
부당이득금반환 등
Text

1. The defendant F shall be the bankruptcy trustee of the bankrupt A Savings Bank, the litigation taking over of the plaintiff A Savings Bank.

Reasons

1. The Defendants asserted as the representative director, by revising the retirement allowance payment provision of the Plaintiff Company A Savings Bank (hereinafter “A Savings Bank”), the Plaintiff Company B Savings Bank (hereinafter “Plaintiff B Savings Bank”) and the Plaintiff D Savings Bank (hereinafter “Plaintiff E Savings Bank prior to the mutual change; hereinafter “Plaintiff E Savings Bank”) as the Plaintiff’s representative director, without going through due process, and received money in excess of the retirement allowances under the original provision.

Therefore, as above, Defendant F, who received excess without any legal ground, 425,595,804 won (i.e., retirement allowance received 638,393,706 won - due retirement allowance 212,797,902 won), and Plaintiff B Savings Bank 192,849,92 won (i.e., retirement allowance received 289,274,988 - due retirement allowance - due retirement allowance 96,424,996 won) to Plaintiff D Savings Bank 94,683,338 won (i.e., retirement allowance received 142,025,07 - legitimate retirement allowance 47,341,699), and Defendant G Savings Bank 284,7969,9797,97969, etc. (i.e., reasonable retirement allowance - amounting to more than 94,6839,975,970).

2. Determination

A. We examine the determination on the cause of the claim, whether there is no dispute between the parties or not, and evidence Nos. 1-1 [A Savings Bank], evidence No. 1-2 [C Savings Bank], evidence No. 1-3 [E Savings Bank], evidence No. 2-1 [A Savings Bank], and evidence No. 2-1].

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