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(영문) 서울중앙지방법원 2015.05.28 2014가합508882

성과급 지급 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. The Plaintiff, as an employee of the Defendant who runs a financial investment business, was in charge of IB and Tring as the head of the FICC derivatives headquarters within the FICC (bonds and foreign exchange goods) from April 1, 2013 to December 31, 2013.

B. The Defendant set the amount of piece rates to be allocated to each business department through the performance measurement of each quarter in accordance with the performance compensation regulations, and set the rate of piece rates of executives and employees eligible for piece rates according to the performance of each individual of executives and employees within each business department, and set 20% of the piece rates allocated to the relevant business department in terms of organizational performance rating, and paid the remainder by dividing it into three to five years under the pretext of deferred performance rating.

During the period of the Plaintiff’s service as the head of the FIC derivatives headquarters, the organizational performance and deferred performance rates arising from the achievements achieved by the FIC derivatives headquarters are as follows:

The amount of the piece-based payment date (won) of the piece-based performance rate shall be 366,23,00 deferred performance rate on January 21, 2014 and 347,325,00 deferred performance rate on July 21, 2014, and 231,550,00 on July 21, 2015, July 231, 2015; < Amended by Presidential Decree No. 28350, Oct. 236, 200; Presidential Decree No. 17090, Oct. 236, 200, 200; Presidential Decree No. 17008, Oct. 21, 2015; Presidential Decree No. 17095, Oct. 22, 2016; Presidential Decree No. 17095, Oct. 142, 95, 000; Presidential Decree No. 1509

C. On December 31, 2013, the Plaintiff submitted a resignation notice to the Defendant.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Judgment as to the main claim

A. The Plaintiff’s assertion 1 of the parties is obligated to pay to the Plaintiff each piece rate indicated in the claim amounting to 20% of the Plaintiff’s payment rate during the period when the Plaintiff worked as the head of the FICC derivatives headquarters in accordance with the performance compensation regulations.

The submission of the resignation by the Plaintiff was made by the Defendant from the beginning of December 2013 to the exclusion of the Plaintiff from the approval line, and was made by giving disadvantages to the Plaintiff, such as preventing the Plaintiff from operating assets.