임원보수 지급 청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff served as an auditor of the Defendant Company from March 30, 2011 to March 31, 2014.
On April 18, 2011, the Plaintiff entered into an agreement with the Defendant to pay the amount of KRW 140,400,000 per year’s basic remuneration (monthly payment amounting to KRW 11,70,000), and retirement allowances amount to KRW 100 per year’s basic remuneration.
B. On March 31, 2014, the Defendant: (a) held a regular general meeting of shareholders to establish a provision for the company to pay retirement allowances equivalent to the basic remuneration for one month in one year during which he/she holds office; and (b) decided to pay 150% of the basic retirement allowances for the period from December 12, 2013 to the retirement of the Plaintiff that would retire at the expiration of the term of office as special retirement allowances.
C. According to the above resolution, the Plaintiff was paid KRW 44,673,590, which was calculated by applying 250% of the monthly basic remuneration for the period from March 30, 201 to December 11, 2013, and received KRW 44,673,590, which was calculated by applying 250% of the monthly basic remuneration for the period from December 12, 2013 to March 31, 201.
On the other hand, the Plaintiff received 68,309,670 won in total, including 10,478,140 won, 29,662,420 won in 2013, and 28,169,110 won in performance-based rates from the Defendant while in office.
E. Main contents of the retirement allowance provision of the defendant company are as follows.
[Articles of incorporation] Article 31-2 (Retirement Allowance for Officers), a director, an auditor, or other officers (the vice president, the executive director, the former director, etc.) shall be paid according to the rules on the payment of retirement allowances for officers which have undergone a resolution
[Regulations on Retirement Allowances for Officers]
1. The rules governing the payment of retirement allowances for the purpose of the provision include the criteria for the payment of retirement allowances to officers (the vice president, senior managing director, and executive director; hereinafter “executive officers”).
2. The retirement allowances of officers covered shall be paid in accordance with this provision.
This Regulation shall apply to a person who has served as an executive in the Company for at least one year.
5.2.1. The retirement pay shall be calculated for 30 days a year.
Provided, That less than one year.