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(영문) 울산지방법원 2015.12.08 2015가단56498

퇴직금

Text

1. The Defendant’s KRW 40,113,602 as well as the Plaintiff’s annual rate of KRW 6% from March 1, 2015 to June 24, 2015.

Reasons

(c) the executive officers covered by this provision are excluded.

Article 3 (Terms and Conditions of Payment) The retirement allowance under this provision shall be paid in cases where an executive who has served for at least one year on his/her retirement.

Article 4 (Calculation of Retirement Allowances) (1) Retirement allowances shall be the continuous service period until December 31, 201 (the continuous service period until January 1, 201).

(2) Retirement allowances for the continuous service period until December 31, 201 shall be governed by the payment regulations of retirement allowances for executives.

(3) Retirement allowances for continuous service period after January 1, 2012 shall be calculated in accordance with this provision.

(4) Retirement allowances for the continuous service period after January 1, 2012 shall be calculated as the amount calculated (amount of basis for calculation of retirement allowances ¡¿ base rate of payment ¡¿ the number of continuous service years).

(5) The amount of calculation standards for retirement allowances shall be 10% of the annual average of the total benefits paid for three years retroactively from the date of retirement, and the total benefits shall include bonuses, and non-taxable income under the Income Tax Act shall be excluded therefrom.

(6) Criteria and rates for payment by class of executives shall be as follows:

* Directors: 2

C. The Plaintiff was paid KRW 2.5 million each month from March 2009 to February 2, 2012, and KRW 4 million each month from March 2012.2) The Plaintiff resigned from the Defendant on February 28, 2015, and on March 5, 2015, the Plaintiff registered the resignation of the Plaintiff on the Defendant’s corporate register.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 8 (including attachment of provisional number), Eul evidence No. 2-1, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s judgment on the cause of the claim was recorded in the corporate register as the Defendant’s internal director from March 25, 2009 to February 28, 2015, and the Defendant’s provision on the payment of retirement allowances for officers based on Article 27(2) of the Defendant’s articles of incorporation provides that “the Defendant’s provision on the payment of retirement allowances for officers shall pay retirement allowances to the “registered officer who has been registered for more than one year without concluding a separate retirement allowance contract, regardless of whether it is named

Therefore, the defendant is the articles of incorporation and.

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