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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 1, 1996, the Plaintiff joined Company B (hereinafter “Nonindicted Company”) and served as a director on July 1, 201, and on August 20, 2012, and retired on August 30, 2013. The Plaintiff registered as a director of the Nonparty Company from April 5, 2013 to August 30, 2013.
B. While working in the non-party company, the Plaintiff prepared a written consent to partially return the benefits at least three times as follows.
(hereinafter referred to as “each of the instant Consent Forms”). On May 22, 2012, the principal agrees to return 15% from the salary of May 2012, 2012 in order to participate in the company’s efforts to circumvent the aggravation of its management status.
The second written consent on September 10, 2012, the principal reads the case of an emergency plan to avoid the aggravation of the company's management situation, and agrees to return as follows.
1. President of the content of return by position: 20% of the total amount of return of 30% benefits: 20% of the total amount of return of 20% benefits: 15% returned auditor: 28% of the benefits;
2. Applicable: From September 2012, the third written consent: on January 18, 2013, the principal has returned 20% of the benefits due to business difficulties of the company in 2012 and agrees to return additional 10% benefits to reduce costs.
1. Applicable: From January 2013, the amount paid as benefits;
C. According to the consent of each of the instant written consent, the non-party company paid the Plaintiff the remaining benefits calculated by deducting the amount equivalent to 15% or 30% of the monthly salary from May 2012 to August 2013 that the Plaintiff retired. The total amount of the deducted benefits during the said period is KRW 25,431,193.
On August 3, 2015, the non-party company was decided to commence rehabilitation procedures by the Seoul Central District Court 2015 Ma100203, and the defendant was appointed as the custodian on the same day.
[Ground of recognition] Unsatisfy, Gap evidence 4, 5, Eul evidence 1 to 3, 5 to 8.