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(영문) 서울중앙지방법원 2018.05.29 2017가단5093563

성과급 지급 청구

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. The Plaintiff joined the Defendant company running the financial investment business, etc. in 2008 and retired on October 4, 2011.

After that, on July 6, 2012, the defendant company re-entered as a professional contract team member to the specialized contract officer and developed, operate, and marketing derivatives operation department, FICC claims, foreign exchange, the product's summary fishing, FICC duties, in relation to foreign exchange, interest rate, raw materials, etc.

work in the team.

In April 14, 2015, the resignation was submitted and the resignation was withdrawn.

B. The Defendant determined the total amount of piece rates to be allocated to each business team through the performance measurement by the first and second half of the year in accordance with the performance-based bonus regulations, and paid piece rates by determining the rate of piece rates of executives and employees subject to piece rates according to the performance of each individual employee within each business team

C. For the purpose of establishing a reasonable performance compensation system in 2010, the Financial Supervisory Service (hereinafter “Financial Investment Company’s Good Practices”) proposed the introduction thereof to each financial investment company, and prescribed that a considerable portion of the performance compensation should be paid for not less than three years.

The defendant has amended and implemented the existing performance-based payment provision according to the above model rule, and the main contents are as follows.

- 40% of the piece rate (not less than KRW 100,00 per annum) shall be paid in cash, and the remainder 60% shall be paid with stocks for one year (30%) from that date, two years (30%), and three years (40%) from that date (payment at the end of each fiscal year (three months) - Payment at voluntary retirement (payment at the end of each fiscal year) - Payment at the end of each fiscal year, non-payment of the remainder and the termination of the remaining performance rate (payment at the time of voluntary retirement);

E. On April 28, 201, the above amended provision obtained the consent of more than a majority of the executives and employees of the department subject to the amendment, and the plaintiff also consented to the introduction of the above provision at that time.

[Reasons for Recognition: Facts without dispute, Gap 1, 2, Eul 1 through 9, the purport of the whole pleadings]

2. Determination: