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(영문) 서울남부지방법원 2017.09.22 2016가합2544

퇴직금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The defendant is a company established on July 1, 1998 for the purpose of manufacturing and selling the industrial automation system. The plaintiff worked as the defendant's director from June 15, 1998 to May 31, 2016, who was the initial stage of incorporation of the defendant, and retired on June 1, 2016 (the plaintiff retired from the defendant company around April 2001 or around May 2001, but was re-employed to the defendant company on August 27, 2001.

(2) 2) The Defendant’s representative director, C, owned 75% of the Defendant’s shares, and the Plaintiff, the Defendant’s director, owned 25% of the Defendant’s shares.

B. Around December 10, 2012, C filed an application for consultation with D Co., Ltd. to improve the management of the Defendant. Accordingly, E, an insurance solicitor of D Co., Ltd, explained at the Defendant’s president’s office about the establishment of a research institute, processing of treasury stocks, dividends, retirement allowances for executives, etc. E, under the consent of C, is the opportunity to assist the Defendant’s business research institute establishment, and C decided to subscribe to corporate insurance recommended by E in return for consultation about the Defendant’s tax reduction plan. 2) E, around December 24, 2012, following the amendment of the Defendant’s articles of incorporation, (1) around October 26, 2011; (2) around December 26, 2012, the Plaintiff was also entitled to subscribe to corporate insurance with the Defendant’s temporary retirement allowance payment regulations, (3) the enactment of the Plaintiff’s temporary retirement allowance regulations, (4) the employee’s temporary retirement allowance payment regulations, and (4) the Defendant’s temporary retirement allowance payment regulations, (214).