1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion

A. The Plaintiff worked for the Defendant Corporation from February 16, 1981 to March 31, 2016.

The defendant abolished the school expense support system for the children of undergraduate students working for the defendant corporation during the working period of the plaintiff, and changed it to a fee (free interest lending method).

However, the Plaintiff did not consent to the above measure, and the above change is null and void without the consent of the general meeting of all the union members.

Therefore, the defendant is obligated to return to the plaintiff KRW 29,456,460 paid by the plaintiff as repayment for school expenses loans.

B. The Plaintiff paid a total of KRW 29,456,460 to the Defendant for the repayment of the school expense loan during the working period. The Defendant Corporation agreed to pay the repayment of the school expense loan that was paid by the employees during the working period to the employees at the time of the employee’s retirement.

Therefore, according to these agreements, the Defendant is obligated to pay KRW 29,456,460 to the Plaintiff the loans repaid by the Plaintiff.

(c) not so.

Even if the defendant set off the retirement payment obligation to the plaintiff and the plaintiff's obligation to repay school expenses against the defendant, it is invalid as an unlawful set-off in violation of Article 43 of the Labor Standards Act.

2. Determination

A. In light of the overall purport of arguments in the statement Nos. 1-13 of Eul (including the number of branch numbers; hereinafter the same shall apply) and the purport of the entire pleadings, the defendant converted the support of school expenses to the children of his employees from the method of providing loans to the employees and implemented a loan without interest on school expenses from August 1999. The above change of the system was duly made through the agreement between labor and management, the amendment of the collective agreement, and the detailed rules thereof. The plaintiff prepared a letter of borrowing with the purport of promising the Defendant to repay the school expenses that he received through 26 times.