퇴직금
1. Of the instant lawsuits, the part concerning the claim for 65,288,157 won and damages for delay shall be dismissed.
2. The plaintiff's remainder.
1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each entry of evidence Nos. 3, 4, and 5-4, Nos. 7 and 12, unless there is a dispute between the parties, or in full view of the purport of the whole pleadings:
On June 10, 2009, the Plaintiff retired on October 25, 2011 while serving as the representative director of the Defendant (Co., Ltd.).
Article 40(2) of the Defendant’s articles of incorporation in force at the time of the Plaintiff’s above retirement stipulated that “the payment of retirement allowances to directors shall follow the rules on the payment of retirement allowances for officers which have gone through a resolution of the general meeting of shareholders,” and Article 4 of the Defendant’s provision on the payment of retirement allowances for officers at the time of the above retirement (hereinafter “the provisions of 201”) provides that “the retirement allowances to the president of the president shall be calculated as “three times 】 monthly average wage 】 (total working days / 365).” However, there was no resolution that the Defendant’s general
At the Defendant’s fourth regular general meeting of shareholders held on March 23, 2012, which was after the Plaintiff’s retirement, the Defendant’s shareholders decided to introduce the rules on the payment of retirement allowances for executives, and approved the rules on the payment of retirement allowances for executives (hereinafter “the provisions of 2012”). The purpose of Article 1 (Purpose) is to stipulate matters concerning retirement allowances that are to be paid to the Defendant’s executives. The purpose of Article 4 (Calculation of Retirement Allowances) is to calculate retirement allowances according to the following methods: ① Monthly average wage ¡¿ payment rate by position ¡¿ (total number of working days/365 for the latest three months) ② Monthly average wage = (total number of monthly wages/12 for the latest three months), ② Monthly average wage = (Provided, That this is excluded from the calculation of average wage for the company’s discretion. The term “regular retirement wage” is limited to the regular wage specified in the annual salary contract). < Amended by Act No. 12143, Dec. 23, 2012>