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(영문) 부산지방법원 동부지원 2018.01.09 2017가단211667

퇴직금청구

Text

1. The Defendant’s KRW 181,767,927 as well as 5% per annum from June 2, 2016 to July 31, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 1, 2007, the Plaintiff served as a member of the Defendant and retired from office as a managing director on May 18, 2016.

B. Article 30 of the Defendant’s articles of incorporation provides that “The retirement pay of an executive officer shall be governed by the provisions on the payment of remuneration for executive officers decided at a general meeting of shareholders on May 29, 2015.” The above provisions on the payment of remuneration for executive officers provide the following matters with regard to

Article 8 (Payment of Retirement Allowances) (2) The general affairs, and the regular affairs shall be the amount equivalent to 1/10 of the annual average refund of the total benefits received for three years retroactively from the date of retirement x (1/10 of the annual average refund of the total benefits received for three years retroactively x (2) The calculation standards for retirement allowances shall be based on the annual average

Article 9 (Calculation Method and Criteria of Retirement Allowances) (1) The amount equivalent to 1/12 of the annual average conversion amount of total salary received for three years retroactively from the date of actual retirement after May 29, 2015 x the amount calculated by the number of years of continuous service.

(2) From January 1, 2014, the amount equivalent to 1/10 of the annual average of the total amount of salaries paid during three years retroactively from the date of actual retirement x the number of years of continuous service x the number of years of continuous service x the number of years of executive officers (each item of Article 6).

(B) The length of continuous service shall be from January 1, 2014 to the retirement date). (3) The sum of amounts calculated under the provisions of paragraphs (1) and (2) shall be paid.

C. Meanwhile, until May 31, 2008, the Plaintiff made an interim settlement of the retirement allowance for the period of service, and the Defendant, on May 31, 2017, prepared and rendered to the Plaintiff a statement of calculation of the retirement allowance for officers as shown in the attached Form.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant.