퇴직금
1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of appeal shall be borne respectively by each party.
[This lawsuit and counterclaim shall also be deemed to be a principal lawsuit and counterclaim]
1. Basic facts
A. The Defendant is the management body of Seodaemun-gu Seoul Metropolitan Government shopping mall B (hereinafter “instant shopping mall”).
B. The Plaintiff served as the Defendant’s managing body from November 20, 201.
[Ground of recognition] Facts without dispute, Eul's entry in the evidence 2-1 to 3, the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. Plaintiff’s assertion 1) From November 20, 201 to January 27, 2014, the Plaintiff retired from office as the Defendant’s managing body, and the Defendant is obligated to pay KRW 5,190,000 for retirement allowances to the Plaintiff. 2) On March 27, 2010, the Plaintiff paid KRW 20,000 to the managing company in the course of raising funds by sectional owners to pay the overdue electricity charges with respect to the instant commercial building. Since the Plaintiff did not receive KRW 5,50,000 among them, the Defendant is obligated to pay KRW 5,50,000 to the Plaintiff.
B. 1) Determination on a claim for retirement allowance is based on the relationship between a corporation and its director, which is the same as the legal relationship between the delegating and the delegated person, and thus, once the term of office expires, the delegated relationship is terminated in principle. However, inasmuch as there is no director until the appointment and appointment of the succeeding director, the former director is placed in a situation where the normal activity of the former director cannot be discontinued unless it is performed by the agency, and thus, in light of the provision of Article 691 of the Civil Act, where there is no special circumstance to deem it inappropriate for the former director to perform the business of the corporation, and where it is necessary for the former director to perform the business of the former director, the former director whose term of office expires until the appointment and appointment
However, it is necessary to recognize the right to conduct business until directors are appointed after the expiration of the term of office.
Even at the expiration of the term.