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(영문) 서울남부지방법원 2019.07.12 2018가합110289

퇴직금청구

Text

1. The Defendant: (a) KRW 104,732,876 to Plaintiff A; and (b) KRW 65,780,821 to Plaintiff B; and (c) to each of them, from September 9, 2017 to July 1, 2019.

Reasons

1. Basic facts

A. The Defendant was established on September 8, 201 as a stock company with the business of evaluating insurance damages, etc.

At the time of incorporation, D, which was the promoters, has acquired 20,000 shares issued by the defendant, and has been working as the representative director from the date of incorporation to the date of incorporation.

Since D 11,00 shares (5% of the total issued shares), Plaintiff A 2,00 shares (10% of the total issued shares), Plaintiff B 5,00 shares (25% of the total issued shares), and E 2,00 shares (10% of the total issued shares).

The Plaintiffs retired from office on September 8, 2017.

B. As of November 1, 201, the Defendant’s general meeting of shareholders (hereinafter “Defendant”) appointed Plaintiff A and E as a director during the attendance of 1st shareholder D as of November 1, 201, and on December 6, 2013, Plaintiff B was appointed as a director while all four shareholders were present.

C. The Defendant’s articles of incorporation, drafted on September 7, 201, which was at the time of establishment, provides that “The remuneration of an executive shall be determined by a resolution of the general meeting of shareholders and a retirement allowance shall be paid for five months per year of his/her service.

(Articles of Incorporation, § 30).

Plaintiff

A was in office as a director from November 1, 201, and from December 6, 2013 to September 8, 2017, respectively (5 years and 3 years and 277 of the Plaintiff A’s tenure of office), and the Defendant received remuneration of KRW 4,500,000 for Plaintiff A and KRW 3,50,000 for Plaintiff B.

E. After retirement from office, Plaintiff A served as the Defendant’s employee from September 9, 2017 to June 30, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, it can be seen that the Plaintiffs A continued to receive the remuneration of KRW 4,500,000 per month and KRW 3,500,00 per month for the Plaintiffs B, and considering all circumstances such as the structure of the shareholders as seen earlier, including the size of the Defendant Company, and the overall purport of arguments, barring special circumstances, the payment of remuneration to the Plaintiffs is one person.