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(영문) 서울중앙지방법원 2017.05.11 2016가합560402

퇴직금 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

(1) The calculation of retirement allowances for executive officers shall be based on the annual salary (basic pay + bonus) ¡¿ 1/10 ¡¿ period of holding office ¡¿ multiple of payments ¡¿ additional rate);

(2) The multiples of payments by executive officers shall be as follows:

(3) The additional rates shall be equivalent to the position corresponding to five times a year one year and one half a year one, five times a year one year one, and two times a year one.

-the term of office of not less than 20 years: 30% additional - the term of office of not less than 15 years: 20% additional - the term of office of not less than 10 years: 6(the payment of retirement bonus) additional 10% (the payment of retirement bonus) 10% additional 10%.

(2) The amount of retirement consolation benefits shall be the annual salary (basic pay + bonus) for the year immediately preceding the retirement for one year.

2) On May 26, 2015, the Defendant merged B on May 26, 2015. (c) The Defendant held a temporary general meeting of shareholders on July 22, 2016 and decided to amend Article 36(2) as follows.

* Article 36 (Remuneration and Retirement Allowance for Officers) (2) The payment of retirement allowance for officers shall be made in accordance with the rules of payment of retirement allowance for officers subject to a resolution of the general meeting of shareholders.

* Article 36 (Remuneration and Retirement Allowance for Officers) (2) The payment of retirement allowance for officers shall be determined by a resolution of the board of directors, and basically the defendant's payment of retirement allowance for general employees.

2) There is no fact that the Defendant enacted a separate rules on payment of retirement allowances for executives before the amendment of the articles of incorporation as above. [Grounds for recognition] There is no dispute, Gap evidence Nos. 1, 3, 4, 5, Eul evidence Nos. 1, 2, and 10 (if there is a serial number, each statement including a serial number), and the purport of the entire pleadings.

2. The Plaintiff’s assertion is the representative director from April 15, 2015 to April 18, 2016, and served as the president from the next day to July 31, 2016. The provision on the payment of the instant retirement allowance for officers, which was lawfully enacted by B through the general meeting of shareholders, is also succeeded to the Defendant due to the merger.