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(영문) 서울고등법원 2015.04.17 2013나38208

장기성과급 청구

Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the order to deliver below shall be revoked.

Reasons

Basic Facts

The defendant introduced the long-term performance-based system is a company that operates civil engineering, building, new house construction and sales, and integrated overseas construction business.

On September 26, 2006, the defendant, through the amendment to the Personnel Management Regulations for Executive Directors (hereinafter referred to as the "Personnel Management Regulations"), prepared the following guidelines for the long-term performance of executive directors:

Long-term performance pay means the remuneration paid by the company to the executives who have contributed to the achievement of the company's vision and the long-term performance;

(The Regulations on Personnel Management [Attachment 6] and Article 2 of the Guidelines for the Management of Long-Term and Short-Term Incentives for Executive Directors. The long-term performance targets shall be set out as an instrumental objective to be achieved by a company from a long-term point of view, and shall be determined after

Where it is deemed inevitable to change long-term and objective due to a cause, such as takeover, merger, sale, or transfer of a subsidiary during the evaluation period, or due to changes in other management conditions, such change may be made after obtaining approval from the board of directors.

(Personnel Management Regulations [Attachment 6] and Article 5 of the Guidelines for the Management of Long-Term and Short-Term Incentives. The evaluation period of long-term performance shall be every three years, counting from January 1, 2006 as the first time of implementation of the long-term performance rating system.

(Attachment 6) Personnel Management Regulations (Article 6 of the Guidelines for the Management of Long-Term and Short-Term Incentives). Long-term performance shall, in principle, be paid as company stocks in accordance with the achievement rate of long-term performance targets through individual agreements between the company and each executive, but may be paid in cash, if deemed necessary by the representative

If the long-term performance objective achievement rate is less than 70%, the entire agreed shares shall be revoked.

(Personnel Management Regulations [Attachment 6] and Article 7 of the Guidelines for the Management of Short-Term and Short-Term Incentives. The defendant Council approved the defendant's board of directors with respect to long-term performance objectives shall be weighted average of 29 trillion won, cumulative operating income of 29 trillion won, cumulative operating income of 1 trillion won, cumulative operating income of 20 billion won, and December 2005.