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(영문) 부산지방법원 동부지원 2018.05.30 2017가합101538
부당이득반환 등 청구의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On March 9, 2010, Germany established the Plaintiff on March 9, 2010 to engage in the shipbuilding equipment export business and vessel-related technical advisory service business in Korea, and Germany is the only member of the Plaintiff.

Meanwhile, from March 9, 2010 to November 21, 2016, the Defendant is the Plaintiff’s director, and the Plaintiff’s representative director from March 9, 2016 to November 21, 2016, respectively.

B. The Defendant received benefits of KRW 215,00,00 from the Plaintiff in 2010, KRW 284,550,00 in the year 201, KRW 319,126,310 in the year 2012, KRW 3222,537,250 in the year 2013, KRW 309,903,420 in the year 2014, KRW 229,60,000 in the year 2015, and KRW 186,46,460 in the year 2016.

C. On August 16, 2012, in order to pay retirement allowances to the employees employed by the Plaintiff under the Act on the Guarantee of Workers' Retirement Benefits, the Plaintiff subscribed to the “determined Benefit Retirement Pension” goods of the company bank, and paid the total amount of KRW 355,424,513 from August 20, 2012 to November 3, 2016. The Defendant received retirement allowances amounting to KRW 210,643,439, Nov. 8, 2016.

On November 3, 2016, the Defendant purchased from the Plaintiff 6,000,000 Ecoos car (hereinafter “instant car”) used as a business vehicle while serving as a director on November 3, 201.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, 5, 6, Gap 10-1 through 7, the purport of the whole pleadings

2. The plaintiff's assertion

A. Under Articles 567 (Provisions Applicable Mutatis Mutandis) and 388 (Remuneration for Directors), the Defendant received benefits and retirement allowances in excess of 8,500 e.g., the monthly remuneration amount agreed without going through such procedures, even though he/she could only receive remuneration through a resolution of the German head office, the only member of the Plaintiff.

The sum of the paid benefits that the Defendant received in excess from 2010 to 2016 is KRW 881,364,305, and the retirement benefits received from November 8, 2016 is KRW 210,643,439.

B. The defendant

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