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(영문) 수원지방법원안양지원 2017.09.22 2015가합101899

임금

Text

1. For the bankruptcy debtor Eul corporation, the bankruptcy claim of the plaintiff Eul is 98,354,160 won, and the bankruptcy claim of the plaintiff Eul is 15.

Reasons

1. Basic facts

A. The status of the parties and the preparation of a labor contract 1) E Co., Ltd. (hereinafter “E”).

(2) Around November 2012, Plaintiff A entered into an agreement between the shareholders, including joint management, with the purport of developing, manufacturing, and selling electrical and electronic devices. Around January 11, 2012, Plaintiff A acquired shares and management rights from J, which was a major shareholder of E, and took office as a joint representative director of E, along with I on the same day.

3) Each employment contract was prepared on January 11, 2013, including the content that “the amount of retirement allowances shall be KRW 276,000,000 per annum (including retirement allowances)” between E and the Plaintiff, and that “the amount of retirement allowances shall be KRW 240,00,000 per annum (including retirement allowances)” between Plaintiff B and the Plaintiff. Each of the above employment contracts is written by I as the representative director of E, and the seal of E is affixed (hereinafter “each of the instant employment contracts”).

(4) After January 11, 2013, Plaintiff A served as E’s representative director and internal director from July 5, 2013 to October 28, 2013, and Plaintiff B as the vice president from January 11, 2013 to February 25, 2013.

Plaintiff

C and D did not prepare an employment contract between E, but held office as E’s managing director, and managing director from January 11, 2013 to February 25, 2013.

(b) The articles of incorporation of E and the payment of retirement allowances for officers related to this case, and the payment of retirement allowances for officers are as follows:

[Articles of incorporation and Article 38 (Remuneration for Directors and Retirement Allowance) (1) The remuneration of directors shall be determined by a resolution of the general meeting of shareholders

(2) The payment of retirement allowances for directors shall be made by the rules for the payment of retirement allowances for directors.

[Regulations for Payment of Retirement Allowances for Officers] Article 4 (Calculation of Retirement Allowances)

1. The calculation of retirement allowances for officers; and